Labor & Employment

Jeffer Mangels Butler & Mitchell LLP is a company with a real labor practice – not just litigators who try employment cases. On a comparative basis for a firm our size, we have one of the biggest employment and labor groups in California. Each of our legal representatives works closely and personally with company customers to develop proactive compliance and conflict resolution strategies. We believe this one-on-one therapy is even more effective than an unwieldy group. We deal with clients to help them prevent office issues, however where controversy is inevitable, we have dealt with literally 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 top 500 business in the United States in the locations of labor litigation and labor & work law, as identified by American Lawyer Media’s (ALM) annual survey of internal counsel at FORTUNE 500® & reg; business. Because labor and employment problems often include high stakes and extreme time pressure, our attorneys are dedicated to providing employers the most immediate service possible. We react promptly and without stop working, with straightforward recommendations from an experienced lawyer who won’t pass your problem off to somebody else. Issues like sexual harassment and work environment violence demand immediate attention- and we supply it.

Employers in the middle of a conflict over an organizing drive or an unreasonable labor practice problem rely on our aggressive and timely action. Accountability and ease of access are our watchwords, and you get direct access to the individual who can fix your problem or address your concern.

One of the strengths of our labor and job work group is the diversity of the companies we represent. Public and personal business in business sectors ranging from standard manufacturing to technology, garments to aerospace and from health care to financial services all count on JMBM labor attorneys, despite the issue. Many clients have been with us 10 to 20 years-in lots of cases working with the exact same experienced lawyer who totally comprehends their business.

Our industry-specific avoidance and preparedness strategies can avoid or minimize costly claims. We work carefully with senior executives and in-house counsel to craft customized, effective work policies – complete with an emphasis on correctly training supervisors and HR personnel on legal rights and responsibilities. Our solutions work to make sure compliance with nationwide and state labor laws, reduce disagreements with employees, and maximize tactical benefit if litigation is needed. We stress imaginative planning and aggressive advocacy for each customer.

There are organization sectors where we have unique skill in managing work matters. Many law practice rely on us for counsel on issues involving personnel and legal representatives, and we typically encourage broker-dealers on non-compete and disciplinary controversies. Our attorneys also successfully represent many healthcare and hospitality industry clients in cumulative bargaining and other labor and work concerns.

Any protected class of employees-by age, race, gender, impairment, religion-could bring fit against a company under the discrimination statues. We have successfully litigated and resolved 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 method to handle any claim is to avoid it from being filed, and we offer clients reliable assistance right from the start to deal with grievances properly and keep them from ending up being suits. If lawsuits is essential, our lawyers examine 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 Job 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 problems are claims for wrongful termination, job vindictive treatment and whistle blowing. We comprehend the need in such cases to demonstrate that an employer’s actions were proper, and in spite of the notoriety that is sometimes included, we have had substantial success at showing that company conduct was genuine and dealt with effectively.

Whether your company currently has third celebration representation or looks for to maintain a work environment without such participation, our highly efficient labor relations counsel can be important to assisting maintain a competitive office while reducing conflicts and maximizing management flexibility. Employers that face union organizing drives rely 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 creating a « union-busting » controversy

In unionized workplaces, our company is a highly experienced and responsive partner that works together with and labor relations personnel to:

– Participate in collective bargaining – including multi-union, multi-location talks

– Respond to complaint and arbitration actions

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

– Provide representation in NLRB procedures

Responsiveness, decision and focus are what set our labor relations counsel apart from that of other law practice. We offer instant action, day-and-night schedule in crisis situations and aggressive defense of all companies’ rights.

We protect numerous companies against class action suits in which workers take legal action against 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 lawyers can assist employers prevent classification issues that result in suits by:

– Auditing existing wage policy and pay practices

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

– Making sure all exempt employee job descriptions 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 install an energetic and effective defense. Your JMBM legal representative will look for to reject class certification and work to protect an efficient and reliable settlement that dismisses unproven claims and safeguards your interests.

Disputes over non-compete agreements including trade secrets typically pit companies versus each other – particularly in California, job where the state’s Unfair Competition Law (Section 17200) makes it particularly challenging to enforce non-compete terms. We’ve dealt with lawsuits representing both workers’ former and job existing companies, and are experienced at protecting and withstanding TROs and long-term injunctions to secure employer interests in either type of case.