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 company our size, we have among the biggest employment and labor groups in California. Each of our legal representatives works carefully and personally with employer clients to develop proactive compliance and dispute resolution strategies. We believe this one-on-one counseling is far more effective than an unwieldy group. We deal with clients to assist them avoid office issues, however where controversy is inevitable, we have dealt with literally numerous jury trials, administrative trials and appeals before courts and administrative agencies across the country.

JMBM is recognized as a Go-To Law Practice® & reg; for job the leading 500 companies in the United States in the areas of labor lawsuits and labor & employment law, as identified by American Lawyer Media’s (ALM) yearly survey of in-house counsel at FORTUNE 500® & reg; companies. Because labor and work issues often include high stakes and extreme time pressure, our lawyers are dedicated to providing employers the most instant service possible. We react immediately and without stop working, with straightforward guidance from an experienced legal representative who won’t pass your issue off to someone else. Issues like sexual harassment and office violence demand immediate attention- and we provide it.

Employers in the middle of a dispute over an arranging drive or an unjust labor practice problem depend on our aggressive and timely action. Accountability and ease of access are our watchwords, and you get direct access to the person who can solve your problem or answer your concern.

One of the strengths of our labor and employment group is the diversity of the employers we represent. Public and private business in company sectors ranging from fundamental manufacturing to innovation, garments to aerospace and from healthcare to financial services all rely on JMBM labor lawyers, regardless of the issue. Many customers have actually been with us 10 to 20 years-in many cases dealing with the very same skilled lawyer who intimately understands their company.

Our industry-specific prevention and preparedness techniques can prevent or decrease pricey claims. We work carefully with senior executives and internal counsel to craft customized, effective work policies – total with an emphasis on properly training supervisors and HR staff on legal rights and responsibilities. Our solutions work to guarantee compliance with national and state labor laws, reduce disputes with workers, and maximize strategic benefit if litigation is essential. We worry imaginative preparation and aggressive advocacy for every single client.

There are company sectors where we have unique skill in managing work matters. Many law practice depend on us for counsel on problems including personnel and legal representatives, and we typically recommend broker-dealers on non-compete and job disciplinary controversies. Our attorneys likewise efficiently represent many healthcare and hospitality market clients in collective bargaining and other labor and work concerns.

Any secured class of employees-by age, race, gender, special needs, religion-could bring suit versus an employer 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 deal with any claim is to it from being filed, and we offer clients effective guidance right from the start to manage problems appropriately and keep them from ending up being suits. If lawsuits is needed, our lawyers investigate thoroughly and prepare a strong position that can negate plaintiff claims.

We offer strong defense in state and federal court, in administrative actions before the Federal Equal Employment 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 comprehend the need in such cases to demonstrate that an employer’s actions were proper, and despite the prestige that is often included, we have had significant success at revealing that employer conduct was legitimate and managed properly.

Whether your service presently has 3rd party representation or looks for to maintain an office free of such involvement, our highly reliable labor relations counsel can be vital to assisting preserve a competitive office while lessening conflicts and making the most of management versatility. Employers that deal with union arranging drives count on our help to:

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

– Adhere to NLRB election laws

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

In unionized offices, our company is a highly experienced and responsive partner that works together with business human resources and labor relations personnel to:

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

– Respond to complaint and arbitration actions

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

– Provide representation in NLRB procedures

Responsiveness, decision and focus are what set our labor relations counsel apart from that of other law practice. We provide instant response, job round-the-clock accessibility in crisis circumstances and aggressive defense of all companies’ rights.

We safeguard lots of companies versus class action lawsuits in which workers demand back overtime pay-and countless 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 prevent classification problems that cause suits by:

– Auditing existing wage policy and pay practices

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

– Making certain all exempt employee job descriptions include management and supervision

If you as a company are confronted with a wage and hour claim, 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 certification and work to secure an effective and efficient settlement that dismisses unproven claims and safeguards your interests.

Disputes over non-compete agreements involving trade tricks frequently pit employers against each other – especially in California, where the state’s Unfair Competition Law (Section 17200) makes it specifically hard to enforce non-compete terms. We have actually handled lawsuits representing both employees’ previous and job existing employers, and are competent at protecting and resisting TROs and permanent injunctions to secure employer interests in either type of case.