Labor & Employment

Jeffer Mangels Butler & Mitchell LLP is a company with a real labor practice – not just litigators who attempt work cases. On a relative basis for a firm our size, we have one of the largest employment and labor groups in California. Each of our legal representatives works closely and personally with employer customers to establish proactive compliance and conflict resolution methods. We think this one-on-one therapy is far more effective than an unwieldy team. We work with clients to help them prevent workplace problems, however where controversy is inevitable, we have actually handled 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 locations of labor lawsuits and labor & employment law, as identified by American Lawyer Media’s (ALM) yearly study of in-house counsel at FORTUNE 500® & reg; business. Because labor job and work issues often include high stakes and intense time pressure, our attorneys are committed to giving employers the most immediate service possible. We respond quickly and without stop working, with simple recommendations from an experienced lawyer who won’t pass your problem off to another person. Issues like unwanted sexual advances and office violence need instant attention- and we offer it.

Employers in the middle of a dispute over an organizing drive or an unfair labor practice problem depend on our aggressive and prompt action. Accountability and accessibility are our watchwords, and you get to the individual who can resolve your issue or answer your concern.

One of the strengths of our labor and employment group is the diversity of the employers we represent. Public and private business in company sectors ranging from fundamental manufacturing to innovation, garments to aerospace and from health care to financial services all depend on JMBM labor lawyers, no matter the concern. Many customers have actually been with us 10 to 20 years-in many cases dealing with the very same skilled legal representative who totally understands their business.

Our industry-specific prevention and readiness techniques can avoid or minimize expensive claims. We work carefully with senior executives and internal counsel to craft tailored, effective work policies – complete with a focus on correctly training supervisors and HR staff on legal rights and obligations. Our solutions work to ensure compliance with national and state labor laws, reduce disagreements with employees, and maximize strategic benefit if litigation is essential. We stress creative planning and aggressive advocacy for each customer.

There are business sectors where we have special skill in dealing with employment matters. Many law office depend on us for counsel on problems including personnel and attorneys, and we typically encourage broker-dealers on non-compete and disciplinary controversies. Our attorneys likewise successfully represent many healthcare and hospitality market customers in cumulative bargaining and other labor and employment issues.

Any protected class of employees-by age, race, gender, disability, religion-could bring fit versus a company under the discrimination statues. We have actually effectively prosecuted and fixed 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 way to manage any claim is to avoid it from being filed, and we offer customers reliable assistance right from the start to manage problems appropriately and keep them from becoming lawsuits. If litigation is needed, our attorneys 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 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 issues are claims for wrongful termination, vindictive treatment and whistle blowing. We comprehend the necessity in such cases to demonstrate that a company’s actions were proper, and regardless of the notoriety that is sometimes involved, we have had considerable success at showing that company conduct was legitimate and dealt with properly.

Whether your service currently has third party representation or seeks to maintain a workplace totally free of such involvement, our extremely efficient labor relations counsel can be important to assisting keep a competitive office while reducing disputes and taking full advantage of management versatility. Employers that deal with union organizing drives rely on our aid to:

– Maintain a positive workplace with open communication with all employees

– Comply with NLRB election laws

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

In unionized workplaces, our firm is an extremely competent and responsive partner that works together with business personnels and labor relations personnel to:

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

– Respond to grievance and arbitration actions

– Manage reductions in force, job drug testing, 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 practice. We use instant reaction, day-and-night accessibility in crisis scenarios and aggressive defense of all companies’ rights.

We protect lots of companies against class action suits in which staff members demand back overtime pay-and millions of 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 prevent classification issues that cause claims by:

– Auditing existing wage policy and pay practices

– Reviewing the language of composed employment policies to make certain they comply with FLSA requirements for exempt and job non-exempt workers

– Ensuring all exempt employee task descriptions involve management and guidance

If you as an employer are faced with a wage and hour claim, whether under federal law or California wage and hour statutes, we mount an energetic and effective defense. Your JMBM legal representative will seek to deny class certification and work to secure an efficient and efficient settlement that dismisses unproven claims and protects your interests.

Disputes over non-compete arrangements including trade tricks typically pit companies against each other – particularly in California, where the state’s Unfair Competition Law (Section 17200) makes it particularly challenging to impose non-compete terms. We have actually handled lawsuits representing both workers’ former and existing employers, and are skilled at protecting and resisting TROs and permanent injunctions to secure company interests in either type of case.