Labor & Employment

Jeffer Mangels Butler & Mitchell LLP is a firm with a real labor practice – not just litigators who try employment cases. On a comparative basis for a company our size, we have one of the biggest work and labor groups in California. Each of our lawyers works closely and personally with company customers to establish proactive compliance and dispute resolution strategies. We believe this individually therapy is even more effective than an unwieldy group. We work with clients to assist them avoid work environment problems, however where debate is inevitable, we have handled actually numerous jury trials, administrative trials and employment appeals before courts and administrative agencies nationwide.

JMBM is recognized as a Go-To Law Office® & reg; for the leading 500 companies in the United States in the areas of labor lawsuits and labor & work law, as identified by American Lawyer Media’s (ALM) annual study of in-house counsel at FORTUNE 500® & reg; companies. Because labor and employment problems typically involve high stakes and extreme time pressure, our legal representatives are committed to giving employers the most instant service possible. We react immediately and without stop working, with uncomplicated advice from a skilled lawyer who will not pass your problem off to someone else. Issues like sexual harassment and workplace violence need immediate attention- and we supply it.

Employers in the middle of a conflict over an arranging drive or an unreasonable labor practice grievance rely on our aggressive and timely action. Accountability and availability are our watchwords, and you get direct access to the individual who can solve your issue or answer your question.

Among the strengths of our labor and work group is the diversity of the companies we represent. Public and personal business in business sectors varying from fundamental manufacturing to innovation, clothing to aerospace and from healthcare to financial services all depend on JMBM labor lawyers, regardless of the problem. Many clients have been with us 10 to 20 years-in numerous cases dealing with the same skilled legal representative who thoroughly understands their service.

Our industry-specific prevention and preparedness strategies can avoid or minimize expensive claims. We work carefully with senior executives and in-house counsel to craft personalized, reliable employment policies – complete with an emphasis on effectively training managers and HR personnel on legal rights and commitments. Our services work to ensure compliance with nationwide and state labor laws, decrease conflicts with workers, and make the most of tactical benefit if lawsuits is necessary. 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 companies rely on us for counsel on issues including personnel and attorneys, and we often advise broker-dealers on non-compete and disciplinary controversies. Our attorneys likewise effectively represent many health care and hospitality market clients in collective bargaining and other labor and work issues.

Any protected class of employees-by age, race, employment gender, disability, religion-could bring suit against an employer under the discrimination statues. We have actually successfully prosecuted and solved all types of discrimination matters brought under such work laws as the:

– Americans with Disabilities Act

– Family Medical Leave Act

– Age Discrimination in Employment Act

– Fair Labor Standards Act

– Family and Leave Act

The very best method to manage any claim is to prevent it from being filed, and employment we give customers reliable assistance right from the start to deal with complaints effectively and keep them from ending up being claims. If litigation is essential, our lawyers examine completely and prepare a strong position that can negate plaintiff claims.

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

Often overlapping with discrimination concerns are claims for wrongful termination, retaliatory treatment and whistle blowing. We understand the necessity in such cases to demonstrate that a company’s actions appertained, and despite the notoriety that is sometimes included, we have actually had significant success at revealing that company conduct was legitimate and employment handled properly.

Whether your organization currently has 3rd party representation or seeks to maintain a workplace without such participation, our highly efficient labor relations counsel can be crucial to assisting keep a competitive office while minimizing disputes and maximizing management flexibility. Employers that deal with union arranging drives depend on our help to:

– Maintain a positive working environment with open communication with all employees

– Comply with NLRB election laws

– Counter aggressive unionizing efforts without creating a “union-busting” controversy

In unionized offices, our company is a highly competent and responsive partner that works alongside company human resources and labor relations workers to:

– Take part in collective bargaining – including multi-union, multi-location talks

– React to complaint and arbitration actions

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

– Provide representation in NLRB procedures

Responsiveness, determination and focus are what set our labor employment relations counsel apart from that of other law practice. We provide immediate action, round-the-clock accessibility in crisis situations and aggressive defense of all employers’ rights.

We protect numerous employers against class action lawsuits in which workers demand back overtime pay-and millions of dollars in damages-claiming that under company policies the Fair Labor Standards Act (FLSA) overtime pay exemption no longer applies to them.

JMBM labor lawyers can help employers prevent classification issues that result in claims by:

– Auditing existing income policy and pay practices

– Reviewing the language of written employment policies to ensure they conform to FLSA requirements for exempt and non-exempt workers

– Ensuring all exempt employee job descriptions involve management and supervision

If you as an employer are faced with a wage and hour claim, whether under federal law or employment California wage and hour statutes, we mount an energetic and reliable defense. Your JMBM attorney will look for to reject class certification and work to secure an effective and reliable settlement that dismisses unproven claims and safeguards your interests.

Disputes over non-compete contracts involving trade tricks frequently pit employers versus each other – particularly in California, where the state’s Unfair Competition Law (Section 17200) makes it particularly challenging to impose non-compete terms. We’ve managed litigation representing both workers’ former and existing companies, and are knowledgeable at securing and resisting TROs and long-term injunctions to secure company interests in either type of case.