Labor & Employment

Jeffer Mangels Butler & Mitchell LLP is a firm with a true labor practice – not simply litigators who try work cases. On a relative basis for a company our size, we have among the biggest work and labor groups in California. Each of our lawyers works closely and personally with company customers to develop proactive compliance and disagreement resolution methods. We believe this one-on-one therapy is even more effective than an unwieldy team. We deal with customers to help them prevent office issues, but where debate is inevitable, we have managed actually hundreds of jury trials, administrative trials and appeals before courts and administrative firms nationwide.

JMBM is acknowledged as a Go-To Law Office® & reg; for the top 500 business in the United States in the areas of labor litigation and labor & work law, as figured out by American Lawyer Media’s (ALM) annual study of in-house counsel at FORTUNE 500® & reg; business. Because labor and work problems often involve high stakes and intense time pressure, our attorneys are dedicated to giving companies the most immediate service possible. We respond promptly and without fail, with straightforward suggestions from a knowledgeable attorney who will not pass your problem off to another person. Issues like unwanted sexual advances and workplace violence demand instant attention- and we supply it.

Employers in the middle of a dispute over an organizing drive or an unjust labor practice complaint depend on our aggressive and prompt action. Accountability and accessibility are our watchwords, and you get direct access to the individual who can solve your issue or answer your question.

One of the strengths of our labor and employment group is the variety of the employers we represent. Public and employment private companies in business sectors varying from fundamental manufacturing to technology, apparel to aerospace and from health care to monetary services all rely on JMBM labor attorneys, despite the concern. Many clients have been with us 10 to 20 years-in many cases dealing with the exact same skilled legal representative who intimately understands their service.

Our industry-specific prevention and preparedness methods can prevent or lessen pricey claims. We work closely with senior executives and internal counsel to craft customized, efficient employment policies – complete with an emphasis on correctly training supervisors and HR staff on legal rights and responsibilities. Our services work to ensure compliance with national and state labor laws, decrease disputes with workers, and optimize tactical advantage if litigation is required. We stress creative preparation and aggressive advocacy for every single customer.

There are business sectors where we have unique ability in dealing with employment matters. Many law office depend on us for counsel on concerns including personnel and legal representatives, and we often encourage broker-dealers on non-compete and disciplinary controversies. Our legal representatives likewise efficiently represent many health care and hospitality industry customers in collective bargaining and other labor and employment concerns.

Any secured class of employees-by age, race, gender, disability, employment religion-could bring fit versus a company under the discrimination statues. We have actually successfully prosecuted and solved all kinds of discrimination matters brought under such employment laws as the:

– Americans with Disabilities Act

– Family Medical Leave Act

– Age Discrimination in Employment Act

– Fair Labor Standards Act

– Family and Medical Leave Act

The best method to manage any claim is to avoid it from being submitted, and we provide customers reliable assistance right from the start to manage problems correctly and keep them from becoming claims. If lawsuits is necessary, our lawyers examine completely and prepare a strong position that can negate complainant claims.

We offer strong defense in state and federal court, in administrative actions before the Federal Equal Employment Opportunity Commission and employment before all the California state companies – the Department of Labor employment Standards Enforcement, the Department of Fair Employment and Housing, and employment the Employment Development Department.

Often overlapping with problems are claims for wrongful termination, retaliatory treatment and whistle blowing. We comprehend the need in such cases to demonstrate that an employer’s actions appertained, and regardless of the prestige that is sometimes involved, we have had significant success at revealing that company conduct was legitimate and managed properly.

Whether your service presently has 3rd party representation or looks for to keep an office without such participation, our highly effective labor relations counsel can be important to helping keep a competitive work environment while minimizing conflicts and taking full advantage of management flexibility. Employers that face union organizing drives count on our help to:

– Maintain a favorable workplace with open communication with all employees

– Abide by NLRB election laws

– Counter aggressive unionizing efforts without developing a “union-busting” debate

In unionized work environments, our firm is an extremely knowledgeable and responsive partner that works alongside business personnels and labor relations personnel to:

– Engage in collective bargaining – including multi-union, multi-location talks

– React to complaint and arbitration actions

– Manage reductions in force, drug testing, discipline procedures and strikes

– Provide representation in NLRB procedures

Responsiveness, determination and focus are what set our labor relations counsel apart from that of other law office. We offer instant action, day-and-night availability in crisis situations and aggressive defense of all companies’ rights.

We safeguard many companies against class action suits in which staff members demand back overtime pay-and countless dollars in damages-claiming that under company policies the Fair Labor Standards Act (FLSA) overtime pay exemption no longer applies to them.

JMBM labor attorneys can assist companies avoid category problems that result in claims by:

– Auditing existing salary policy and employment pay practices

– Reviewing the language of written employment policies to make certain they comply with FLSA requirements for exempt and non-exempt staff members

– Making certain all exempt staff member task descriptions involve management and guidance

If you as a company are confronted with a wage and hour lawsuit, whether under federal law or California wage and hour statutes, we mount a vigorous and effective defense. Your JMBM lawyer will look for to deny class certification and work to secure an efficient and reliable settlement that dismisses unproven claims and secures your interests.

Disputes over non-compete arrangements involving trade tricks frequently pit companies versus each other – especially in California, where the state’s Unfair Competition Law (Section 17200) makes it especially hard to enforce non-compete terms. We have actually dealt with lawsuits representing both workers’ former and current employers, and are experienced at protecting and withstanding TROs and long-term injunctions to protect employer interests in either kind of case.