Labor & Employment

Jeffer Mangels Butler & Mitchell LLP is a company with a true labor practice – not simply litigators who try work cases. On a comparative basis for a company our size, we have among the biggest employment and labor groups in California. Each of our lawyers works closely and personally with employer clients to develop proactive compliance and conflict resolution strategies. We believe this individually counseling is much more effective than an unwieldy group. We work with customers to assist them avoid work environment problems, however where controversy is unavoidable, we have dealt with actually hundreds of jury trials, administrative trials and appeals before courts and administrative firms nationwide.

JMBM is acknowledged as a Go-To Law Firm® & reg; for the leading 500 business in the United States in the areas of labor litigation and labor & employment law, as figured out by American Lawyer Media’s (ALM) annual study of internal counsel at FORTUNE 500® & reg; business. Because labor and employment issues frequently include high stakes and intense time pressure, our lawyers are committed to giving companies the most immediate service possible. We respond without delay and without fail, with simple guidance from a skilled lawyer who won’t pass your issue off to another person. Issues like sexual harassment and workplace violence need instant attention- and employment we provide it.

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

One of the strengths of our labor and work group is the diversity of the employers we represent. Public and personal companies in business sectors varying from basic manufacturing to technology, clothing to aerospace and from healthcare to financial services all rely on JMBM labor legal representatives, regardless of the problem. Many customers have been with us 10 to 20 years-in many cases dealing with the exact same knowledgeable attorney who totally comprehends their company.

Our industry-specific avoidance and preparedness techniques can avoid or lessen costly claims. We work carefully with senior executives and employment in-house counsel to craft customized, efficient work policies – complete with an emphasis on effectively training managers and HR personnel on legal rights and responsibilities. Our services work to make sure compliance with nationwide and state labor laws, lessen disputes with staff members, and employment maximize strategic benefit if litigation is essential. We worry creative planning and aggressive advocacy for every single customer.

There are organization sectors where we have special ability in dealing with employment matters. Many law office depend on us for counsel on issues involving staff and lawyers, and we often encourage broker-dealers on non-compete and disciplinary debates. Our legal representatives likewise successfully represent many healthcare and hospitality market clients in cumulative bargaining and other labor and work concerns.

Any secured class of employees-by age, race, gender, disability, religion-could bring match versus a company under the discrimination statues. We have actually successfully litigated and employment solved all types 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 very best method to manage any claim is to avoid it from being filed, and we provide clients efficient assistance right from the start to handle problems appropriately and keep them from ending up being lawsuits. If lawsuits is necessary, our legal representatives investigate 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 Employment Opportunity Commission and before all the California state companies – 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, retaliatory treatment and employment whistle blowing. We understand the requirement in such cases to show that a company’s actions were correct, and in spite of the prestige that is sometimes included, we have actually had significant success at showing that employer conduct was genuine and dealt with properly.

Whether your company currently has 3rd party representation or seeks to keep an office free of such participation, our extremely efficient labor relations counsel can be essential to helping preserve a competitive workplace while lessening conflicts and maximizing management flexibility. Employers that face union arranging drives count on our assistance to:

– Maintain a positive working environment with open communication with all staff members

– Adhere to NLRB election laws

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

In unionized work environments, our company is a highly knowledgeable and responsive partner that works along with business personnels and labor relations personnel to:

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

– React to grievance and arbitration actions

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

– Provide representation in NLRB proceedings

Responsiveness, decision and focus are what set our labor relations counsel apart from that of other law companies. We provide instant response, day-and-night accessibility in crisis circumstances and aggressive defense of all employers’ rights.

We defend many companies against class action lawsuits in which employees 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 uses to them.

JMBM labor attorneys can assist employers prevent category problems that result in claims by:

– Auditing existing wage policy and pay practices

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

– Making sure all exempt worker job 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, employment we mount a and reliable defense. Your JMBM legal representative will look for employment to reject class accreditation and work to protect an efficient and effective settlement that dismisses unproven claims and safeguards your interests.

Disputes over non-compete arrangements involving trade secrets often pit companies versus each other – particularly in California, where the state’s Unfair Competition Law (Section 17200) makes it specifically hard to impose non-compete terms. We’ve managed lawsuits representing both workers’ former and current employers, and are skilled at protecting and withstanding TROs and irreversible injunctions to protect employer interests in either type of case.