Labor & Employment

Jeffer Mangels Butler & Mitchell LLP is a company with a true labor practice – not simply litigators who attempt work cases. On a relative basis for a firm our size, we have among the largest employment and labor groups in California. Each of our legal representatives works closely and personally with employer clients to establish proactive compliance and dispute resolution strategies. We think this individually counseling is far more efficient than an unwieldy team. We deal with customers to assist them prevent work environment issues, but where debate is inevitable, we have dealt with actually numerous jury trials, administrative trials and appeals before courts and administrative firms nationwide.

JMBM is recognized as a Go-To Law Practice® & reg; for the leading 500 companies in the United States in the locations 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 work issues often include high stakes and extreme time pressure, our lawyers are committed to providing companies the most immediate service possible. We respond without delay and employment without stop working, with simple advice from a knowledgeable legal representative who won’t pass your issue off to another person. Issues like sexual harassment and office violence demand instant attention- and we supply it.

Employers in the middle of a conflict over an arranging drive or an unreasonable labor practice problem rely 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 diversity of the employers we represent. Public and personal companies in business sectors ranging from standard manufacturing to technology, garments to aerospace and from health care to financial services all depend on JMBM labor attorneys, regardless of the problem. Many customers have actually been with us 10 to 20 years-in lots of cases dealing with the exact same skilled legal representative who thoroughly understands their service.

Our industry-specific avoidance and preparedness techniques can avoid or reduce costly claims. We work closely with senior executives and internal counsel to craft customized, effective employment policies – complete with an emphasis on properly training managers and HR personnel on legal rights and commitments. Our services work to make sure compliance with national and state labor laws, reduce conflicts with employees, and optimize strategic advantage if litigation is essential. We stress creative planning and aggressive advocacy for every single client.

There are business sectors where we have special ability in managing employment matters. Many law office count on us for counsel on problems including personnel and attorneys, and we typically advise broker-dealers on non-compete and disciplinary controversies. Our legal representatives also effectively represent numerous healthcare and hospitality industry clients in cumulative bargaining and other labor and work concerns.

Any secured class of employees-by age, race, gender, special needs, religion-could bring fit versus an employer under the discrimination statues. We have effectively litigated and dealt with all kinds 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 employment Standards Act

– Family and Medical Leave Act

The best way to deal with any claim is to prevent it from being filed, and we offer clients reliable assistance right from the start to handle problems correctly and keep them from ending up being suits. If litigation is essential, our lawyers investigate completely and prepare a strong position that can negate complainant claims.

We offer strong defense in state and federal court, employment 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 concerns are claims for wrongful termination, employment retaliatory treatment and whistle blowing. We comprehend the need in such cases to show that an employer’s actions were appropriate, and regardless of the notoriety that is often involved, we have actually had considerable success at showing that company conduct was legitimate and managed correctly.

Whether your organization currently has 3rd party representation or seeks to maintain a workplace without such involvement, our highly reliable labor relations counsel can be vital to assisting preserve a competitive workplace while lessening conflicts and maximizing management versatility. Employers that deal with union arranging 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 offices, our firm is a highly skilled and responsive partner that works along with company personnels and labor relations workers to:

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

– React to complaint and arbitration actions

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

– Provide representation in NLRB procedures

Responsiveness, decision and employment focus are what set our labor employment relations counsel apart from that of other law office. We offer instant reaction, day-and-night schedule in crisis situations and aggressive defense of all employers’ rights.

We safeguard lots of companies versus 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 lawyers can help companies prevent category problems that lead to lawsuits by:

– Auditing existing salary policy and pay practices

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

– Making certain all exempt staff member task descriptions involve management and supervision

If you as an employer are faced with a wage and hour suit, whether under federal law or California wage and hour statutes, we install an energetic and efficient defense. Your JMBM attorney will seek to deny class accreditation and work to protect an efficient and reliable settlement that dismisses unproven claims and secures your interests.

Disputes over non-compete arrangements including trade secrets typically pit companies against each other – particularly in California, where the state’s Unfair Competition Law (Section 17200) makes it particularly difficult to implement non-compete terms. We have actually managed litigation representing both former and existing employers, and are knowledgeable at protecting and withstanding TROs and permanent injunctions to protect company interests in either type of case.