Labor & Employment

Jeffer Mangels Butler & Mitchell LLP is a firm with a real labor practice – not just litigators who try work cases. On a relative basis for a company our size, we have one of the largest work and labor groups in California. Each of our lawyers works closely and personally with company clients to develop proactive compliance and disagreement resolution methods. We believe this one-on-one counseling is even more effective than an unwieldy team. We deal with customers to assist them avoid work environment issues, but where controversy is inevitable, we have actually handled actually numerous jury trials, administrative trials and appeals before courts and administrative companies nationwide.

JMBM is acknowledged as a Go-To Law Practice® & reg; for the top 500 business in the United States in the areas of labor lawsuits and labor & work law, as identified by American Lawyer Media’s (ALM) yearly survey of in-house counsel at FORTUNE 500® & reg; business. Because labor and employment problems often include high stakes and extreme time pressure, our attorneys are devoted to offering employers the most immediate service possible. We respond immediately and without fail, with simple suggestions from an experienced attorney who will not pass your problem off to another person. 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 unfair labor practice complaint depend on our aggressive and timely action. Accountability and accessibility are our watchwords, and you get direct access to the person who can solve your issue or answer your concern.

Among the strengths of our labor and employment group is the variety of the companies we represent. Public and private companies in service sectors varying from standard manufacturing to innovation, apparel to aerospace and from health care to financial services all depend on JMBM labor legal representatives, no matter the issue. Many customers have been with us 10 to 20 years-in lots of cases dealing with the exact same skilled legal representative who totally understands their organization.

Our industry-specific avoidance and readiness techniques can avoid or lessen pricey claims. We work carefully with senior executives and internal counsel to craft customized, effective work policies – complete with a focus on properly training managers and HR personnel on legal rights and obligations. Our services work to guarantee compliance with national and state labor laws, employment reduce disagreements with employees, and optimize strategic benefit if litigation is essential. We worry innovative preparation and aggressive advocacy for employment each client.

There are company sectors where we have unique skill in managing employment matters. Many law firms depend on us for counsel on issues involving personnel and attorneys, and we typically advise broker-dealers on non-compete and disciplinary controversies. Our legal representatives also efficiently represent lots of health care and hospitality industry customers in collective bargaining and other labor and work concerns.

Any secured class of employees-by age, race, gender, disability, religion-could bring fit versus an employer under the discrimination statues. We have successfully litigated 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 very best way to handle any claim is to prevent it from being submitted, and we offer clients effective guidance right from the start to handle grievances properly and keep them from ending up being lawsuits. If litigation is essential, our lawyers investigate completely and prepare a strong position that can negate plaintiff claims.

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

Often overlapping with discrimination concerns are claims for wrongful termination, retaliatory treatment and whistle blowing. We understand the need in such cases to show that an employer’s actions were proper, and regardless of the prestige that is in some cases involved, employment we have actually had significant success at revealing that employer conduct was genuine and dealt with properly.

Whether your company currently has third party representation or looks for to preserve an office free of such participation, our highly efficient labor relations counsel can be vital to helping preserve a competitive office while minimizing disputes and maximizing management versatility. Employers that face union arranging drives rely on our aid to:

– Maintain a favorable working environment with open interaction with all staff members

– Comply with NLRB election laws

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

In unionized work environments, our company is an extremely experienced and responsive partner that works along with company human resources and labor relations workers to:

– Take part in – including multi-union, employment multi-location talks

– React to grievance and arbitration actions

– Manage decreases in force, 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 office. We use instant response, round-the-clock schedule in crisis scenarios and aggressive defense of all companies’ rights.

We defend numerous employers against class action lawsuits in which employees 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 applies to them.

JMBM labor attorneys can help employers avoid category problems that cause claims by:

– Auditing existing salary policy and pay practices

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

– Ensuring all exempt staff member task descriptions include 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 install an energetic and reliable defense. Your JMBM attorney will seek to deny class certification and work to secure an effective and effective settlement that dismisses unproven claims and secures your interests.

Disputes over non-compete contracts including trade secrets frequently pit companies against each other – particularly in California, where the state’s Unfair Competition Law (Section 17200) makes it especially tough to impose non-compete terms. We have actually managed lawsuits representing both workers’ previous and present employers, and are knowledgeable at securing and withstanding TROs and permanent injunctions to protect employer interests in either kind of case.