Labor & Employment

Jeffer Mangels Butler & Mitchell LLP is a firm with a true labor practice – not just litigators who try employment cases. On a relative 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 employer clients to establish proactive compliance and conflict resolution techniques. Our company believe this individually counseling is even more effective than an unwieldy team. We deal with clients to assist them avoid office problems, but where controversy is unavoidable, we have managed actually numerous jury trials, administrative trials and appeals before courts and administrative agencies nationwide.

JMBM is recognized as a Go-To Law Firm® & reg; for the leading 500 business in the United States in the locations of labor litigation and labor & employment law, as identified by American Lawyer Media’s (ALM) annual study of internal counsel at FORTUNE 500® & reg; business. Because labor and employment problems typically involve high stakes and intense time pressure, employment our lawyers are committed to offering employers the most instant service possible. We respond immediately and without fail, with uncomplicated suggestions from a skilled attorney who won’t pass your issue off to another person. Issues like unwanted sexual advances and work environment violence demand immediate attention- and we provide it.

Employers in the middle of a conflict over an organizing drive or an unjust labor practice grievance count on our aggressive and timely action. Accountability and ease of access are our watchwords, and you get direct access to the person who can solve your issue or address your concern.

Among the strengths of our labor and work group is the variety of the employers we represent. Public and private companies in organization sectors varying from basic manufacturing to innovation, clothing to aerospace and from health care to monetary services all count on JMBM labor employment attorneys, no matter the problem. Many customers have actually been with us 10 to 20 years-in many cases dealing with the very same experienced lawyer who intimately comprehends their service.

Our industry-specific prevention and preparedness methods can prevent or minimize costly claims. We work closely with senior executives and in-house counsel to craft customized, efficient employment policies – total with an emphasis on effectively training managers and HR personnel on legal rights and responsibilities. Our solutions work to make sure compliance with nationwide and state labor laws, minimize conflicts with staff members, and optimize tactical advantage if litigation is required. We stress imaginative planning and aggressive advocacy for each customer.

There are company sectors where we have special ability in handling employment matters. Many law office depend on us for counsel on problems involving personnel and lawyers, and we typically recommend broker-dealers on non-compete and disciplinary controversies. Our lawyers also effectively represent lots of healthcare and hospitality industry customers in cumulative bargaining and other labor and work concerns.

Any safeguarded class of employees-by age, race, gender, disability, religion-could bring fit versus an employer under the discrimination statues. We have successfully litigated 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 very best method to deal with any claim is to prevent it from being filed, and we give clients reliable guidance right from the start to deal with complaints correctly 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 complainant claims.

We provide strong defense in state and federal court, in administrative actions before the Federal Equal Employment Opportunity Commission and before all the California state firms – 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 whistle blowing. We comprehend the requirement in such cases to demonstrate that an employer’s actions were proper, and regardless of the notoriety that is sometimes included, we have actually had substantial success at showing that company conduct was genuine and handled appropriately.

Whether your business currently has third party representation or seeks to keep an office devoid of such involvement, our highly reliable labor relations counsel can be essential to assisting maintain a competitive work environment while decreasing disputes and making the most of management versatility. Employers that deal with union organizing drives count on our aid to:

– Maintain a positive workplace with open communication with all staff members

– Adhere to NLRB election laws

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

In unionized work environments, our firm is a highly experienced and responsive partner that works along with company human resources and labor relations personnel to:

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

– React to complaint and arbitration actions

– Manage decreases in force, employment drug testing, discipline procedures and strikes

– Provide representation in NLRB procedures

Responsiveness, determination and focus are what set our labor relations counsel apart from that of other law firms. We use instant response, round-the-clock schedule in crisis circumstances and aggressive defense of all companies’ rights.

We safeguard numerous employers versus class action claims in which workers sue for 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 legal representatives can assist employers prevent classification problems that result in lawsuits by:

– Auditing existing salary policy and pay practices

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

– Ensuring all exempt employee task include 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 a vigorous and efficient defense. Your JMBM attorney will seek to reject class accreditation and work to protect an effective and reliable settlement that dismisses unfounded claims and safeguards your interests.

Disputes over non-compete contracts including trade tricks frequently pit employers versus each other – especially in California, where the state’s Unfair Competition Law (Section 17200) makes it particularly difficult to impose non-compete terms. We’ve dealt with litigation representing both staff members’ former and current companies, and are experienced at protecting and withstanding TROs and permanent injunctions to safeguard employer interests in either kind of case.