Labor & Employment

Jeffer Mangels Butler & Mitchell LLP is a company with a true labor practice – not simply litigators who try employment cases. On a relative basis for a firm our size, we have among the largest work and labor groups in California. Each of our legal representatives works closely and personally with company clients to develop proactive compliance and dispute resolution techniques. We believe this individually counseling is far more effective than an unwieldy team. We deal with clients to help them prevent office problems, but where debate is inevitable, we have managed literally numerous jury trials, administrative trials and appeals before courts and administrative firms nationwide.

JMBM is recognized 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) yearly survey of internal counsel at FORTUNE 500® & reg; business. Because labor and work issues typically involve high stakes and intense time pressure, our attorneys are committed to giving employers the most immediate service possible. We react immediately and without stop working, with simple suggestions from an experienced legal representative who won’t pass your issue off to somebody else. Issues like unwanted sexual advances and work environment violence demand immediate attention- and we offer it.

Employers in the middle of a dispute over an organizing drive or an unreasonable labor practice complaint rely on our aggressive and timely action. Accountability and accessibility are our watchwords, and you get direct access to the person who can solve your problem or address your concern.

Among the strengths of our labor and employment group is the diversity of the companies we represent. Public and personal business in service sectors ranging from basic production to technology, apparel to aerospace and from healthcare to monetary services all depend on JMBM labor employment lawyers, no matter the concern. Many customers have been with us 10 to 20 years-in lots of cases working with the very same knowledgeable legal representative who totally understands their service.

Our industry-specific avoidance and preparedness methods can prevent or lessen expensive claims. We work carefully with senior executives and in-house counsel to craft personalized, effective employment policies – total with a focus on effectively training supervisors and HR personnel on legal rights and responsibilities. Our options work to make sure compliance with national and state labor laws, minimize disagreements with workers, and make the most of tactical benefit if lawsuits is required. We worry creative planning and aggressive advocacy for employment every customer.

There are company sectors where we have unique ability in dealing with employment matters. Many law practice count on us for counsel on problems involving staff and legal representatives, and we often encourage broker-dealers on non-compete and disciplinary controversies. Our legal representatives also successfully represent lots of health care and hospitality market clients in collective bargaining and other labor and work concerns.

Any secured class of employees-by age, race, gender, disability, religion-could bring match against a company under the discrimination statues. We have actually effectively prosecuted and resolved 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 Medical Leave Act

The finest method to deal with any claim is to it from being filed, and we provide clients effective assistance right from the start to deal with complaints correctly and keep them from becoming claims. If litigation is essential, our lawyers examine completely and prepare a strong position that can negate plaintiff claims.

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

Often overlapping with discrimination concerns are claims for employment wrongful termination, retaliatory treatment and whistle blowing. We comprehend the need in such cases to show that an employer’s actions appertained, and despite the prestige that is often involved, we have actually had substantial success at showing that company conduct was legitimate and dealt with correctly.

Whether your business presently has 3rd celebration representation or seeks to preserve a workplace complimentary of such participation, our extremely reliable labor relations counsel can be essential to helping maintain a competitive work environment while reducing disputes and taking full advantage of management flexibility. Employers that face union organizing drives depend on our aid to:

– Maintain a positive workplace with open interaction with all employees

– Abide by NLRB election laws

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

In unionized workplaces, our company is a highly knowledgeable and responsive partner that works together with company personnels and labor relations workers to:

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

– Respond to complaint and arbitration actions

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

– Provide representation in NLRB proceedings

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

We defend many companies against class action lawsuits in which employees sue for back overtime pay-and countless dollars in damages-claiming that under business policies the Fair Labor Standards Act (FLSA) overtime pay exemption no longer uses to them.

JMBM labor attorneys can assist companies avoid classification issues that result in lawsuits by:

– Auditing existing salary policy and pay practices

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

– Making certain all exempt worker task descriptions include management and supervision

If you as a company are faced with a wage and hour claim, whether under federal law or California wage and hour statutes, we mount a vigorous and reliable defense. Your JMBM lawyer will look for to reject class certification and work to protect an effective and effective settlement that dismisses unfounded claims and safeguards your interests.

Disputes over non-compete contracts involving trade tricks typically pit companies against each other – especially in California, where the state’s Unfair Competition Law (Section 17200) makes it especially challenging to impose non-compete terms. We’ve managed litigation representing both workers’ previous and current companies, employment and are competent at securing and resisting TROs and employment long-term injunctions to secure employer interests in either type of case.