Labor & Employment

Jeffer Mangels Butler & Mitchell LLP is a company with a real labor practice – not simply litigators who try work cases. On a relative 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 personally with company customers to establish proactive compliance and conflict resolution methods. We believe this one-on-one therapy is far more effective than an unwieldy team. We work with clients to help them avoid office issues, but where controversy is inescapable, we have actually handled actually numerous jury trials, administrative trials and appeals before courts and administrative firms nationwide.

JMBM is recognized as a Go-To Law Practice® & reg; for the leading 500 companies in the United States in the locations of labor litigation and labor & work law, as identified by American Lawyer Media’s (ALM) yearly survey of in-house counsel at FORTUNE 500® & reg; companies. Because labor and employment issues typically involve high stakes and extreme time pressure, our lawyers are committed to providing employers the most immediate service possible. We respond without delay and without stop working, with simple recommendations from an experienced attorney who won’t pass your issue off to another person. Issues like sexual harassment and employment work environment violence need instant attention- and we provide it.

Employers in the middle of a conflict over an arranging drive or an unreasonable labor practice problem depend on our aggressive and prompt action. Accountability and ease of access 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 companies we represent. Public and private companies in service sectors varying from basic production to technology, employment garments to aerospace and from health care to financial services all depend on JMBM labor legal representatives, no matter the concern. Many customers have actually been with us 10 to 20 years-in lots of cases working with the exact same skilled attorney who intimately comprehends their service.

Our industry-specific avoidance and readiness techniques can prevent or decrease expensive claims. We work closely with senior employment executives and internal counsel to craft personalized, efficient work policies – total with a focus on properly training managers and HR personnel on legal rights and responsibilities. Our options work to make sure compliance with national and state labor laws, employment minimize disagreements with employees, and take full advantage of strategic benefit if lawsuits is essential. We stress creative preparation and aggressive advocacy for every single customer.

There are company sectors where we have special ability in handling employment matters. Many law practice rely on us for counsel on problems involving personnel and attorneys, and employment we typically encourage broker-dealers on non-compete and disciplinary debates. Our legal representatives likewise effectively represent numerous healthcare and hospitality industry clients in cumulative bargaining and other labor and employment issues.

Any secured class of employees-by age, race, gender, special needs, religion-could bring suit versus a company under the discrimination statues. We have successfully prosecuted 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 best method to handle any claim is to prevent it from being submitted, and we give clients effective assistance right from the start to manage grievances effectively and keep them from becoming lawsuits. If lawsuits is necessary, our lawyers investigate completely and prepare a strong position that can negate complainant claims.

We offer strong defense in state and federal court, in administrative actions before the Federal Equal Job 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 problems are claims for wrongful termination, vindictive treatment and whistle blowing. We understand the requirement in such cases to show that a company’s actions were correct, employment and despite the prestige that is often involved, we have actually had substantial success at showing that employer conduct was legitimate and dealt with correctly.

Whether your business presently has third celebration representation or looks for to keep a workplace totally free of such participation, our highly reliable labor relations counsel can be important to helping keep a competitive workplace while decreasing disputes and maximizing management flexibility. Employers that deal with union arranging drives count on our assistance to:

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

– Comply with NLRB election laws

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

In unionized offices, our company is an extremely competent and responsive partner that works together with business human resources and labor relations workers to:

– Engage in cumulative bargaining – including multi-union, multi-location talks

– React to grievance and arbitration actions

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

– Provide representation in NLRB procedures

Responsiveness, determination and focus are what set our labor relations counsel apart from that of other law companies. We provide instant reaction, round-the-clock accessibility in crisis scenarios and aggressive defense of all employers’ rights.

We defend many employers versus class action lawsuits in which workers 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 uses to them.

JMBM labor attorneys can assist employers avoid classification problems that cause suits by:

– Auditing existing wage policy and pay practices

– Reviewing the language of written employment policies to make sure 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 an employer are confronted with a wage and employment hour suit, whether under federal law or California wage and hour statutes, we mount an energetic and effective defense. Your JMBM legal representative will seek to reject class certification and work to protect an and reliable settlement that dismisses unfounded claims and secures your interests.

Disputes over non-compete agreements involving trade tricks often pit employers against each other – especially in California, where the state’s Unfair Competition Law (Section 17200) makes it particularly tough to implement non-compete terms. We have actually managed litigation representing both workers’ previous and current employers, and are skilled at protecting and withstanding TROs and permanent injunctions to safeguard company interests in either type of case.