Labor & Employment

Jeffer Mangels Butler & Mitchell LLP is a firm with a true labor practice – not simply litigators who attempt work cases. On a relative basis for a firm our size, we have one of the largest employment and labor groups in California. Each of our lawyers works closely and personally with company clients to establish proactive compliance and conflict resolution strategies. We believe this one-on-one counseling is far more efficient than an unwieldy team. We deal with clients to help them prevent office problems, but where debate is inescapable, we have handled literally numerous jury trials, administrative trials and appeals before courts and administrative agencies nationwide.

JMBM is acknowledged as a Go-To Law Office® & reg; for the leading 500 companies in the United States in the areas of labor employment litigation and labor & employment law, as identified by American Lawyer Media’s (ALM) yearly survey of in-house counsel at FORTUNE 500® & reg; business. Because labor and employment problems typically involve high stakes and extreme time pressure, our attorneys are devoted to offering employers the most immediate service possible. We react immediately and without stop working, with straightforward suggestions from a knowledgeable legal representative who will not pass your problem off to somebody else. Issues like sexual harassment and workplace violence need instant attention- and we offer it.

Employers in the middle of a conflict over an arranging drive or an unreasonable labor practice problem count on our aggressive and prompt action. Accountability and ease of access are our watchwords, and you get direct access to the person who can resolve your issue or answer your question.

Among the strengths of our labor and work group is the diversity of the employers we represent. Public and private companies in company sectors varying from fundamental manufacturing to innovation, garments to aerospace and from healthcare to monetary services all count on JMBM labor legal representatives, regardless of the concern. Many customers have actually been with us 10 to 20 years-in many cases dealing with the exact same experienced attorney who thoroughly understands their business.

Our industry-specific prevention and readiness techniques can prevent or minimize costly claims. We work closely with senior executives and in-house counsel to craft customized, reliable employment policies – total with a focus on effectively training supervisors and HR staff on legal rights and commitments. Our options work to guarantee compliance with national and state labor laws, lessen conflicts with employees, employment and take full advantage of strategic advantage if lawsuits is essential. We worry innovative preparation and aggressive advocacy for every client.

There are business sectors where we have special skill in handling work matters. Many rely on us for counsel on issues involving personnel and lawyers, and we typically advise broker-dealers on non-compete and disciplinary debates. Our attorneys likewise successfully represent numerous health care and hospitality industry clients in cumulative bargaining and other labor and employment concerns.

Any secured class of employees-by age, race, gender, disability, religion-could bring match against an employer under the discrimination statues. We have successfully prosecuted and solved 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 finest way to handle any claim is to avoid it from being filed, and we give customers reliable assistance right from the start to handle complaints properly and keep them from ending up being claims. If litigation is required, our lawyers investigate 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 Employment Opportunity Commission and before all the California state agencies – 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 comprehend the requirement in such cases to demonstrate that a company’s actions appertained, and despite the prestige that is sometimes involved, we have had substantial success at revealing that employer conduct was genuine and managed effectively.

Whether your business presently has 3rd party representation or looks for to maintain a workplace without such participation, our highly efficient labor relations counsel can be vital to helping keep a competitive office while reducing conflicts and taking full advantage of management versatility. Employers that face union arranging drives depend on our help to:

– Maintain a favorable workplace with open communication with all employees

– Adhere to NLRB election laws

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

In unionized work environments, our firm is a highly knowledgeable and responsive partner that works alongside business human resources and labor relations personnel to:

– Engage in cumulative bargaining – consisting of multi-union, multi-location talks

– React to grievance and arbitration actions

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

– Provide representation in NLRB proceedings

Responsiveness, determination and focus are what set our labor employment relations counsel apart from that of other law office. We provide instant response, day-and-night accessibility in crisis scenarios and aggressive defense of all employers’ rights.

We safeguard numerous companies against class action claims in which workers 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 employers avoid classification issues that result in claims by:

– Auditing existing wage policy and pay practices

– Reviewing the language of composed employment policies to ensure they adhere to FLSA requirements for exempt and non-exempt staff members

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

If you as a company are confronted with a wage and hour claim, whether under federal law or California wage and hour statutes, we mount a vigorous and effective defense. Your JMBM lawyer will seek to deny class certification and work to protect an effective and effective settlement that dismisses unfounded claims and secures your interests.

Disputes over non-compete arrangements including trade tricks frequently pit employers versus each other – particularly in California, where the state’s Unfair Competition Law (Section 17200) makes it particularly challenging to enforce non-compete terms. We have actually dealt with litigation representing both workers’ former and present companies, and are knowledgeable at protecting and withstanding TROs and long-term injunctions to protect company interests in either type of case.