Labor & Employment

Jeffer Mangels Butler & Mitchell LLP is a firm with a real labor practice – not just litigators who try employment cases. On a relative basis for a firm our size, we have one of the biggest employment and labor groups in California. Each of our lawyers works carefully and personally with employer customers to establish proactive compliance and conflict resolution methods. Our company believe this one-on-one counseling is far more effective than an unwieldy group. We deal with customers to assist them prevent workplace problems, but where debate is unavoidable, we have actually managed literally numerous jury trials, and appeals before courts and employment administrative agencies nationwide.

JMBM is recognized as a Go-To Law Practice® & reg; for the top 500 business in the United States in the areas of labor lawsuits and labor & work law, as determined by American Lawyer Media’s (ALM) yearly study of in-house counsel at FORTUNE 500® & reg; companies. Because labor and employment issues typically involve high stakes and intense time pressure, our attorneys are devoted to providing companies the most instant service possible. We respond promptly and without stop working, with straightforward advice from a skilled legal representative who won’t pass your problem off to somebody else. Issues like unwanted sexual advances and workplace violence demand immediate attention- and we supply it.

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

One of the strengths of our labor and work group is the variety of the employers we represent. Public and private companies in service sectors varying from standard manufacturing to innovation, apparel to aerospace and from healthcare to monetary services all count on JMBM labor lawyers, regardless of the problem. Many clients have been with us 10 to 20 years-in numerous cases working with the exact same experienced legal representative who intimately comprehends their business.

Our industry-specific prevention and readiness methods can prevent or lessen costly claims. We work carefully with senior executives and employment internal counsel to craft personalized, reliable employment policies – total with an emphasis on appropriately training managers and HR staff on legal rights and obligations. Our options work to make sure compliance with national and state labor laws, lessen conflicts with workers, and make the most of tactical benefit if litigation is essential. We stress imaginative preparation and aggressive advocacy for every single customer.

There are organization sectors where we have special skill in handling employment matters. Many law practice count on us for counsel on issues including personnel and lawyers, and we typically advise broker-dealers on non-compete and disciplinary controversies. Our lawyers likewise efficiently represent numerous healthcare and hospitality market clients in cumulative bargaining and other labor and employment issues.

Any safeguarded class of employees-by age, race, gender, special needs, religion-could bring match against an employer under the discrimination statues. We have actually effectively prosecuted and employment 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 very best way to handle any claim is to avoid it from being submitted, and we give clients effective assistance right from the start to handle grievances appropriately and keep them from becoming lawsuits. If litigation is needed, our legal representatives investigate 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 firms – the Department of Labor Standards Enforcement, the Department of Fair Employment and Housing, and the Employment Development Department.

Often overlapping with discrimination issues are claims for wrongful termination, retaliatory treatment and whistle blowing. We understand the necessity in such cases to show that an employer’s actions were appropriate, and regardless of the prestige that is in some cases included, we have had considerable success at showing that employer conduct was genuine and managed appropriately.

Whether your service currently has 3rd party representation or looks for to maintain an office without such participation, our extremely effective labor relations counsel can be vital to assisting keep a competitive office while lessening disputes and maximizing management versatility. Employers that face union organizing drives depend on our assistance to:

– Maintain a favorable working environment with open interaction with all staff members

– Abide by 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 along with business personnels and labor relations personnel to:

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

– Respond to grievance and arbitration actions

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

– Provide representation in NLRB proceedings

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

We defend numerous companies against class action lawsuits in which staff members demand back overtime pay-and millions of dollars in damages-claiming that under business policies the Fair Labor Standards Act (FLSA) overtime pay exemption no longer uses to them.

JMBM labor legal representatives can assist companies avoid category issues that cause lawsuits by:

– Auditing existing wage policy and pay practices

– Reviewing the language of composed employment policies to make sure they comply with FLSA requirements for exempt and non-exempt employees

– Making sure all exempt employee task descriptions involve management and guidance

If you as an employer are confronted with a wage and hour claim, whether under federal law or California wage and hour statutes, we mount a vigorous and reliable defense. Your JMBM legal representative will look for to deny class accreditation and work to protect an efficient and efficient settlement that dismisses unproven claims and secures your interests.

Disputes over non-compete contracts including trade secrets typically pit employers versus each other – especially in California, where the state’s Unfair Competition Law (Section 17200) makes it specifically challenging to implement non-compete terms. We’ve dealt with lawsuits representing both staff members’ previous and present employers, and are proficient at protecting and resisting TROs and irreversible injunctions to secure employer interests in either kind of case.