Labor & Employment

Jeffer Mangels Butler & Mitchell LLP is a company with a real labor practice – not simply litigators who attempt employment cases. On a comparative basis for a company our size, we have one of the biggest work and labor groups in California. Each of our attorneys works closely and personally with employer customers to develop proactive compliance and conflict resolution methods. Our company believe this one-on-one counseling is much more efficient than an unwieldy team. We work with customers to assist them prevent office problems, but where debate is unavoidable, we have dealt with literally numerous jury trials, administrative trials and appeals before courts and administrative agencies nationwide.

JMBM is acknowledged 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) yearly survey of in-house counsel at FORTUNE 500® & reg; business. Because labor and employment problems often include high stakes and extreme time pressure, our lawyers are devoted to providing companies the most instant service possible. We respond quickly and without fail, with straightforward advice from a knowledgeable attorney who won’t pass your issue off to someone else. Issues like sexual harassment and work environment violence need instant attention- and we provide it.

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

One of the strengths of our labor and employment group is the diversity of the employers we represent. Public and personal business in business sectors ranging from standard production to technology, garments to aerospace and from health care to monetary services all depend on JMBM labor attorneys, regardless of the concern. Many customers have actually been with us 10 to 20 years-in lots of cases working with the very same experienced attorney who totally comprehends their service.

Our industry-specific avoidance and preparedness techniques can avoid or lessen pricey claims. We work carefully with senior executives and internal counsel to craft customized, efficient work policies – complete with a focus on appropriately training supervisors and HR staff on legal rights and job obligations. Our options work to guarantee compliance with national and state labor laws, job decrease conflicts with staff members, and take full advantage of strategic advantage if lawsuits is necessary. We stress innovative planning and aggressive advocacy for every client.

There are service sectors where we have special ability in managing employment matters. Many law practice count on us for counsel on concerns including personnel and attorneys, and we typically encourage broker-dealers on non-compete and disciplinary debates. Our lawyers also effectively represent numerous healthcare and hospitality market customers in cumulative bargaining and other labor and employment issues.

Any secured class of employees-by age, race, gender, disability, religion-could bring suit against a company under the discrimination statues. We have actually 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 way to manage any claim is to avoid it from being submitted, and we offer clients guidance right from the start to handle problems effectively and keep them from ending up being claims. If litigation is necessary, our attorneys investigate 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 job 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 comprehend the necessity in such cases to show that a company’s actions were appropriate, and regardless of the notoriety that is sometimes included, we have actually had considerable success at showing that company conduct was legitimate and dealt with properly.

Whether your service presently has 3rd party representation or looks for to keep an office without such involvement, our highly efficient labor relations counsel can be crucial to helping preserve a competitive workplace while minimizing disputes and optimizing management flexibility. Employers that deal with union organizing drives depend on our aid to:

– Maintain a positive workplace with open interaction with all employees

– Adhere to NLRB election laws

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

In unionized workplaces, job our firm is an extremely experienced and responsive partner that works along with company human resources and labor relations workers to:

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

– React to grievance and arbitration actions

– Manage decreases in force, drug screening, 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 office. We use instant action, round-the-clock availability in crisis circumstances and aggressive defense of all employers’ rights.

We defend many employers versus class action lawsuits in which workers take legal action against for back overtime pay-and countless dollars in damages-claiming that under business policies the Fair Labor Standards Act (FLSA) overtime pay exemption no longer uses to them.

JMBM labor attorneys can assist companies avoid classification issues that result in claims by:

– Auditing existing salary policy and pay practices

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

– Ensuring all exempt worker job descriptions include management and supervision

If you as a company are faced with a wage and hour lawsuit, whether under federal law or California wage and hour statutes, we mount an energetic and efficient defense. Your JMBM attorney will look for to reject class accreditation and work to secure an efficient and effective settlement that dismisses unfounded claims and secures your interests.

Disputes over non-compete contracts involving trade secrets typically pit employers against each other – particularly in California, where the state’s Unfair Competition Law (Section 17200) makes it especially hard to impose non-compete terms. We have actually handled lawsuits representing both staff members’ previous and job existing employers, and are knowledgeable at securing and withstanding TROs and permanent injunctions to secure company interests in either type of case.