Labor & Employment

Jeffer Mangels Butler & Mitchell LLP is a firm with a real labor – not simply litigators who attempt work cases. On a comparative basis for a firm our size, we have among the largest work and labor groups in California. Each of our attorneys works closely and personally with company customers to establish proactive compliance and conflict resolution techniques. We think this one-on-one counseling is far more effective than an unwieldy team. We work with clients to assist them avoid work environment issues, however where debate is unavoidable, we have dealt with literally numerous jury trials, administrative trials and appeals before courts and administrative companies across the country.

JMBM is acknowledged as a Go-To Law Practice® & 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 study of internal counsel at FORTUNE 500® & reg; business. Because labor and work problems often involve high stakes and extreme time pressure, our attorneys are devoted to providing employers the most instant service possible. We react promptly and without fail, with uncomplicated advice from a skilled legal representative who will not pass your problem off to another person. Issues like sexual harassment and office violence demand instant attention- and we provide it.

Employers in the middle of a conflict over an organizing drive or an unfair labor practice problem depend on our aggressive and prompt action. Accountability and accessibility are our watchwords, and you get direct access to the person who can solve your issue or address your concern.

Among the strengths of our labor and employment group is the diversity of the employers we represent. Public and private business in company sectors varying from basic production to technology, garments to aerospace and from health care to financial services all rely on JMBM labor lawyers, regardless of the concern. Many clients have actually been with us 10 to 20 years-in numerous cases dealing with the exact same experienced legal representative who thoroughly understands their service.

Our industry-specific prevention and preparedness methods can prevent or lessen pricey claims. We work closely with senior executives and in-house counsel to craft personalized, efficient work policies – total with an emphasis on correctly training managers and HR personnel on legal rights and obligations. Our solutions work to ensure compliance with national and state labor laws, reduce conflicts with employees, and maximize tactical advantage if lawsuits is required. We worry imaginative preparation and aggressive advocacy for every single customer.

There are company sectors where we have special ability in dealing with work matters. Many law firms depend on us for counsel on concerns involving staff and lawyers, and we frequently advise broker-dealers on non-compete and disciplinary debates. Our attorneys also efficiently represent numerous health care and hospitality industry clients in cumulative bargaining and other labor and work issues.

Any protected class of employees-by age, race, gender, special needs, religion-could bring match versus a company under the discrimination statues. We have actually successfully prosecuted and fixed all types 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 way to deal with any claim is to avoid it from being filed, and we offer clients effective assistance right from the start to deal with problems properly and keep them from becoming claims. If litigation is required, our attorneys examine 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 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, retaliatory treatment and whistle blowing. We understand the necessity in such cases to demonstrate that an employer’s actions appertained, and regardless of the prestige that is in some cases involved, we have had significant success at revealing that employer conduct was genuine and managed appropriately.

Whether your organization presently has 3rd party representation or seeks to preserve an office without such involvement, our highly effective labor relations counsel can be crucial to helping maintain a competitive work environment while lessening conflicts and making the most of management flexibility. Employers that face union arranging drives depend on our aid to:

– Maintain a favorable workplace with open interaction with all employees

– Adhere to NLRB election laws

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

In unionized workplaces, our firm is a highly skilled and responsive partner that works together with company human resources and labor relations workers to:

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

– React to grievance and arbitration actions

– Manage reductions in force, drug testing, discipline procedures and strikes

– Provide representation in NLRB procedures

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

We protect numerous employers against class action claims in which employees demand 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 applies to them.

JMBM labor legal representatives can assist companies prevent category issues that result in lawsuits by:

– Auditing existing salary policy and pay practices

– Reviewing the language of composed work policies to make sure they adhere to FLSA requirements for exempt and non-exempt employees

– Ensuring all exempt worker job descriptions involve management and supervision

If you as a company are confronted with a wage and hour lawsuit, whether under federal law or California wage and hour statutes, we install a vigorous and effective defense. Your JMBM attorney will look for to reject class accreditation and work to protect an efficient and job effective settlement that dismisses unproven claims and secures your interests.

Disputes over non-compete contracts involving trade tricks frequently pit companies versus each other – particularly in California, where the state’s Unfair Competition Law (Section 17200) makes it especially difficult to implement non-compete terms. We have actually handled lawsuits representing both staff members’ previous and present employers, and are proficient at protecting and withstanding TROs and long-term injunctions to safeguard company interests in either kind of case.