Labor & Employment

Jeffer Mangels Butler & Mitchell LLP is a firm with a true labor practice – not simply litigators who attempt work cases. On a comparative basis for a company our size, we have among the biggest work and employment labor groups in California. Each of our attorneys works carefully and personally with employer clients to develop proactive compliance and disagreement resolution methods. Our company believe this one-on-one counseling is much more effective than an unwieldy group. We work with customers to assist them avoid work environment issues, but where controversy is unavoidable, we have actually handled actually hundreds of jury trials, employment administrative trials and appeals before courts and administrative agencies across the country.

JMBM is recognized as a Go-To Law Firm® & reg; for the top 500 business in the United States in the locations of labor litigation and labor & employment law, as identified by American Lawyer Media’s (ALM) yearly survey of in-house counsel at FORTUNE 500® & reg; business. Because labor and employment issues frequently include high stakes and extreme time pressure, our legal representatives are dedicated to providing employers the most immediate service possible. We respond without delay and without stop working, with simple suggestions from a skilled legal representative who won’t pass your problem off to somebody else. Issues like sexual harassment and workplace violence need immediate attention- and we offer it.

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

Among the strengths of our labor and employment group is the diversity of the employers we represent. Public and private companies in business sectors ranging from basic production to innovation, garments to aerospace and from health care to monetary services all count on JMBM labor lawyers, regardless of the concern. Many clients have been with us 10 to 20 years-in lots of cases working with the exact same knowledgeable attorney who totally comprehends their business.

Our industry-specific prevention and preparedness techniques can avoid or decrease expensive claims. We work closely with senior executives and internal counsel to craft customized, employment efficient work policies – complete with a focus on correctly training supervisors and HR personnel on legal rights and responsibilities. Our solutions work to ensure compliance with nationwide and state labor laws, decrease conflicts with employees, and make the most of tactical advantage if litigation is essential. We worry creative planning and aggressive advocacy for every customer.

There are business sectors where we have unique skill in managing work matters. Many law practice rely on us for counsel on problems involving staff and legal representatives, and we frequently advise broker-dealers on non-compete and disciplinary controversies. Our legal representatives likewise successfully represent many health care and hospitality industry clients in cumulative bargaining and other labor and work issues.

Any safeguarded class of employees-by age, race, gender, impairment, religion-could bring fit versus an employer under the discrimination statues. We have effectively prosecuted and fixed 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 best method to handle any claim is to prevent it from being submitted, and we give clients reliable guidance right from the start to manage complaints effectively and keep them from ending up being claims. If litigation is required, our legal representatives examine completely and a strong position that can negate complainant claims.

We offer strong defense in state and employment 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 concerns are claims for wrongful termination, vindictive treatment and whistle blowing. We understand employment the need in such cases to demonstrate that an employer’s actions were appropriate, and in spite of the notoriety that is in some cases involved, we have had substantial success at revealing that employer conduct was legitimate and handled effectively.

Whether your business presently has third party representation or looks for to preserve a work environment free of such participation, our highly effective labor relations counsel can be essential to assisting keep a competitive work environment while reducing conflicts and taking full advantage of management versatility. Employers that face union arranging drives rely on our help to:

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

– Adhere to NLRB election laws

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

In unionized work environments, our firm is a highly competent and responsive partner that works together with business personnels and labor relations workers to:

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

– Respond to complaint and arbitration actions

– Manage reductions in force, drug screening, 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 firms. We offer immediate response, round-the-clock accessibility in crisis scenarios and aggressive defense of all employers’ rights.

We safeguard many employers versus class action lawsuits in which employees demand back overtime pay-and employment 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 lawyers can assist companies avoid category problems that lead to suits by:

– Auditing existing income policy and pay practices

– Reviewing the language of written work policies to ensure they adhere to FLSA requirements for exempt and non-exempt workers

– Ensuring all exempt employee job descriptions include management and supervision

If you as a company are confronted 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 deny class accreditation and work to secure an efficient and effective settlement that dismisses unfounded claims and secures your interests.

Disputes over non-compete agreements including trade tricks typically pit employers versus each other – especially in California, where the state’s Unfair Competition Law (Section 17200) makes it especially difficult to implement non-compete terms. We have actually managed litigation representing both employees’ previous and present companies, and are proficient at securing and resisting TROs and permanent injunctions to secure company interests in either kind of case.