Labor & Employment

Jeffer Mangels Butler & Mitchell LLP is a company with a real labor practice – not simply litigators who try employment cases. On a comparative basis for a company our size, we have one of the biggest employment and labor groups in California. Each of our attorneys works carefully and employment personally with employer clients to establish proactive compliance and conflict resolution methods. Our company believe this individually counseling is far more efficient than an unwieldy group. We work with clients to assist them prevent workplace problems, but where debate is unavoidable, we have actually handled literally numerous jury trials, administrative trials and appeals before courts and administrative agencies nationwide.

JMBM is acknowledged as a Go-To Law Office® & reg; for the leading 500 companies in the United States in the locations of labor lawsuits and labor & employment law, as determined by American Lawyer Media’s (ALM) annual survey of internal counsel at FORTUNE 500® & reg; companies. Because labor employment and employment problems typically involve high stakes and intense time pressure, our lawyers are devoted to giving employers the most immediate service possible. We react quickly and without stop working, with uncomplicated suggestions from a skilled lawyer who will not pass your issue off to another person. Issues like unwanted sexual advances and office violence demand instant attention- and we offer it.

Employers in the middle of a dispute over an organizing drive or an unfair labor practice grievance depend on our aggressive and timely action. Accountability and ease of access are our watchwords, employment and you get direct access to the person who can resolve your problem or address your concern.

One of the strengths of our labor and work group is the diversity of the companies we represent. Public and private companies in company sectors ranging from fundamental manufacturing to innovation, apparel to aerospace and from health care to monetary services all depend on JMBM labor attorneys, regardless of the problem. Many customers have been with us 10 to 20 years-in many cases dealing with the same skilled lawyer who thoroughly understands their business.

Our industry-specific prevention and readiness techniques can avoid or lessen pricey claims. We work carefully with senior executives and internal counsel to craft customized, effective employment policies – total with an emphasis on appropriately training managers and HR staff on legal rights and responsibilities. Our solutions work to guarantee compliance with nationwide and state labor laws, minimize disagreements with workers, and optimize tactical benefit if is required. We stress innovative planning and aggressive advocacy for every single client.

There are company sectors where we have special ability in handling employment matters. Many law office rely on us for counsel on concerns including personnel and attorneys, and we often encourage broker-dealers on non-compete and disciplinary debates. Our attorneys likewise effectively represent numerous health care and hospitality industry clients in collective bargaining and other labor and employment issues.

Any protected class of employees-by age, race, gender, special needs, religion-could bring match versus an employer under the discrimination statues. We have successfully litigated and 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 best way to deal with any claim is to avoid it from being filed, and we provide clients reliable assistance right from the start to manage problems effectively and keep them from becoming suits. If litigation is essential, our lawyers investigate completely and prepare a strong position that can negate plaintiff 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, vindictive treatment and whistle blowing. We understand the necessity in such cases to show that an employer’s actions were correct, and regardless of the prestige that is in some cases included, we have had significant success at revealing that employer conduct was genuine and dealt with effectively.

Whether your service currently has 3rd party representation or seeks to preserve an office devoid of such participation, our extremely reliable labor relations counsel can be essential to assisting maintain a competitive office while lessening disputes and optimizing management versatility. Employers that face union organizing drives count on our aid to:

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

– Abide by 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 alongside company personnels and labor relations workers to:

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

– React to complaint and arbitration actions

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

– Provide representation in NLRB procedures

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

We safeguard many employers versus class action suits in which staff members sue for back overtime pay-and millions of dollars in damages-claiming that under company policies the Fair Labor Standards Act (FLSA) overtime pay exemption no longer applies to them.

JMBM labor legal representatives can help companies prevent classification issues that result in lawsuits by:

– Auditing existing income policy and pay practices

– Reviewing the language of written employment policies to ensure they conform to FLSA requirements for exempt and non-exempt employees

– Ensuring all exempt worker job 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, employment we install a vigorous and effective defense. Your JMBM lawyer will look for to deny class accreditation and work to secure an effective and effective settlement that dismisses unfounded claims and protects your interests.

Disputes over non-compete arrangements including trade secrets frequently pit employers versus each other – particularly in California, where the state’s Unfair Competition Law (Section 17200) makes it especially hard to implement non-compete terms. We have actually handled lawsuits representing both workers’ former and existing companies, and are experienced at protecting and withstanding TROs and permanent injunctions to secure employer interests in either kind of case.