Labor & Employment

Jeffer Mangels Butler & Mitchell LLP is a company with a real labor practice – not just litigators who try work cases. On a relative basis for a firm our size, we have among the largest work and labor groups in California. Each of our attorneys works carefully and personally with company clients to establish proactive compliance and conflict resolution methods. We believe this one-on-one therapy is much more efficient than an unwieldy team. We work with customers to assist them avoid work environment issues, however where debate is inescapable, we have managed actually numerous jury trials, administrative trials and appeals before courts and administrative companies nationwide.

JMBM is recognized as a Go-To Law Practice® & reg; for the leading 500 business in the United States in the areas of labor litigation and labor & work law, as determined by American Lawyer Media’s (ALM) annual survey of internal counsel at FORTUNE 500® & reg; companies. Because labor and employment issues frequently involve high stakes and intense time pressure, our attorneys are dedicated to giving employers the most instant service possible. We respond immediately and without stop working, with simple guidance from a skilled lawyer who won’t pass your problem off to another person. Issues like sexual harassment and workplace violence demand immediate attention- and we provide it.

Employers in the middle of a conflict over an organizing drive or an unfair labor practice complaint count on our aggressive and timely action. Accountability and availability are our watchwords, and you get direct access to the individual who can fix your issue or answer your question.

One of the strengths of our labor and employment group is the diversity of the companies we represent. Public and personal companies in business sectors ranging from basic production to technology, garments to aerospace and from health care to financial services all count on JMBM labor attorneys, despite the problem. Many customers have actually been with us 10 to 20 years-in lots of cases dealing with the very same knowledgeable attorney who intimately understands their business.

Our and readiness methods can prevent or minimize pricey claims. We work closely with senior executives and internal counsel to craft tailored, efficient work policies – total with an emphasis on correctly training supervisors and HR personnel on legal rights and responsibilities. Our services work to ensure compliance with national and state labor laws, reduce disagreements with workers, and take full advantage of tactical benefit if lawsuits is required. We worry imaginative preparation and employment aggressive advocacy for every single client.

There are business sectors where we have special ability in handling employment matters. Many law office rely on us for counsel on issues including staff and legal representatives, and we typically encourage broker-dealers on non-compete and disciplinary controversies. Our legal representatives also efficiently represent numerous healthcare and hospitality market customers in cumulative bargaining and other labor and work concerns.

Any secured class of employees-by age, race, gender, special needs, religion-could bring match against a company under the discrimination statues. We have actually 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 deal with any claim is to prevent it from being submitted, and we give customers reliable guidance right from the start to manage problems correctly and keep them from ending up being suits. If litigation is required, our attorneys examine thoroughly 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 companies – the Department of Labor Standards Enforcement, the Department of Fair Employment and Housing, employment and the Employment Development Department.

Often overlapping with discrimination issues are claims for wrongful termination, vindictive treatment and whistle blowing. We understand the need in such cases to show that an employer’s actions were proper, and regardless of the prestige that is often included, we have actually had substantial success at showing that employer conduct was legitimate and managed correctly.

Whether your business currently has 3rd party representation or looks for employment to keep an office without such involvement, employment our extremely effective labor relations counsel can be essential to helping keep a competitive workplace while reducing disputes and taking full advantage of management versatility. Employers that face union arranging drives count on our aid to:

– Maintain a favorable working environment with open communication with all workers

– Abide by NLRB election laws

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

In unionized offices, our firm is an extremely experienced and responsive partner that works alongside company human resources and labor relations workers to:

– Take part in cumulative bargaining – including multi-union, multi-location talks

– Respond to complaint and arbitration actions

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

– Provide representation in NLRB proceedings

Responsiveness, decision and focus are what set our labor relations counsel apart from that of other law office. We use immediate action, day-and-night availability in crisis scenarios and aggressive defense of all companies’ rights.

We defend numerous companies against class action suits in which workers 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 legal representatives can help employers avoid category issues that result in lawsuits by:

– Auditing existing wage policy and pay practices

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

– Making sure all exempt staff member task descriptions involve management and guidance

If you as an employer are faced with a wage and employment hour lawsuit, whether under federal law or California wage and hour statutes, we mount a vigorous and reliable defense. Your JMBM attorney will seek to deny class certification and work to protect an efficient and reliable settlement that dismisses unfounded claims and safeguards your interests.

Disputes over non-compete agreements involving trade tricks typically pit companies 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’ve managed litigation representing both workers’ former and present employers, and are proficient at protecting and withstanding TROs and irreversible injunctions to secure employer interests in either kind of case.