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 company our size, we have among the biggest work and labor groups in California. Each of our lawyers works closely and personally with employer clients to develop proactive compliance and disagreement resolution methods. Our company believe this one-on-one counseling is much more efficient than an unwieldy group. We work with clients to assist them prevent workplace problems, however where controversy is unavoidable, we have managed literally numerous jury trials, administrative trials and before courts and administrative agencies nationwide.

JMBM is recognized as a Go-To Law Office® & reg; for the leading 500 business in the United States in the locations of labor lawsuits and labor & employment law, as identified by American Lawyer Media’s (ALM) annual survey of internal counsel at FORTUNE 500® & reg; companies. Because labor and employment issues often involve high stakes and employment intense time pressure, our lawyers are dedicated to giving companies the most instant service possible. We respond promptly and without fail, with simple advice from a skilled legal representative who will not pass your problem off to somebody else. Issues like unwanted sexual advances and office violence demand immediate attention- and we supply it.

Employers in the middle of a disagreement over an organizing drive or an unfair labor practice grievance rely 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.

Among the strengths of our labor employment and work group is the variety of the companies we represent. Public and personal business in company sectors ranging from standard manufacturing to technology, apparel to aerospace and from healthcare to financial services all count on JMBM labor legal representatives, despite the issue. Many customers have been with us 10 to 20 years-in many cases dealing with the very same experienced attorney who thoroughly comprehends their organization.

Our industry-specific avoidance and readiness strategies can avoid or lessen pricey claims. We work closely with senior executives and in-house counsel to craft customized, reliable work policies – total with a focus on effectively training supervisors and HR personnel on legal rights and responsibilities. Our options work to ensure compliance with nationwide and state labor laws, reduce conflicts with staff members, and make the most of tactical benefit if lawsuits is essential. We worry creative planning and aggressive advocacy for each customer.

There are company sectors where we have unique ability in dealing with employment matters. Many law office depend on us for counsel on issues involving personnel and lawyers, and we often advise broker-dealers on non-compete and disciplinary controversies. Our attorneys likewise efficiently represent many healthcare and hospitality industry customers in collective bargaining and other labor and work concerns.

Any safeguarded class of employees-by age, race, gender, disability, religion-could bring suit versus an employer under the discrimination statues. We have effectively 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 best method to manage any claim is to prevent it from being filed, and we provide customers reliable assistance right from the start to handle grievances properly and keep them from becoming lawsuits. If litigation is essential, our legal representatives investigate thoroughly and prepare a strong position that can negate complainant claims.

We provide 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, vindictive treatment and whistle blowing. We comprehend the requirement in such cases to demonstrate that a company’s actions were appropriate, and in spite of the prestige that is sometimes included, we have actually had significant success at showing that employer conduct was legitimate and managed correctly.

Whether your company currently has third celebration representation or looks for to keep a workplace devoid of such participation, our highly reliable labor relations counsel can be essential to helping keep a competitive office while lessening conflicts and taking full advantage of management versatility. Employers that face union organizing drives rely on our help to:

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

– Comply with NLRB election laws

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

In unionized work environments, our firm is a highly competent and responsive partner that works together with business personnels and labor relations personnel to:

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

– React to complaint and arbitration actions

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

– Provide representation in NLRB procedures

Responsiveness, decision and focus are what set our labor relations counsel apart from that of other law office. We use instant reaction, round-the-clock schedule in crisis situations and aggressive defense of all companies’ rights.

We protect numerous employers against class action lawsuits in which staff members take legal action against for 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 classification problems that cause suits by:

– Auditing existing salary policy and pay practices

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

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

If you as a company are confronted with a wage and hour suit, whether under federal law or California wage and hour statutes, we mount a vigorous and reliable defense. Your JMBM lawyer will seek to reject class accreditation and work to protect an efficient and efficient settlement that dismisses unproven claims and secures your interests.

Disputes over non-compete arrangements including trade tricks often pit companies against each other – particularly in California, where the state’s Unfair Competition Law (Section 17200) makes it specifically challenging to impose non-compete terms. We have actually managed litigation representing both workers’ former and current employers, employment and are experienced at securing and resisting TROs and irreversible injunctions to protect company interests in either kind of case.