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Labor & Employment

Jeffer Mangels Butler & Mitchell LLP is a company with a real labor employment practice – not simply litigators who attempt work cases. On a relative basis for a company our size, we have one of the largest work and labor groups in California. Each of our legal representatives works carefully and personally with employer customers to establish proactive compliance and disagreement resolution strategies. Our company believe this one-on-one therapy is much more efficient than an unwieldy team. We deal with customers to assist them prevent office problems, but where debate is inevitable, we have actually handled actually hundreds of jury trials, administrative trials and appeals before courts and administrative firms across the country.

JMBM is acknowledged as a Go-To Law Firm® & reg; for the top 500 business in the United States in the areas of labor lawsuits and labor & work law, as figured out by American Lawyer Media’s (ALM) yearly survey of in-house counsel at FORTUNE 500® & reg; companies. Because labor and work issues frequently include high stakes and intense time pressure, our legal representatives are devoted to giving employers the most instant service possible. We react immediately and without stop working, with simple advice from a knowledgeable lawyer who won’t pass your issue off to somebody else. Issues like sexual harassment and work environment violence demand immediate attention- and we provide it.

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

One of the strengths of our labor employment and work group is the variety of the employers we represent. Public and private business in business sectors varying from fundamental production to technology, garments to aerospace and from healthcare to monetary services all count on JMBM labor lawyers, no matter the concern. Many clients have been with us 10 to 20 years-in many cases working with the exact same experienced lawyer who thoroughly comprehends their organization.

Our industry-specific avoidance and readiness techniques can avoid or reduce expensive claims. We work carefully with senior executives and in-house counsel to craft tailored, effective employment policies – complete with an emphasis on effectively training managers and HR personnel on legal rights and obligations. Our services work to make sure compliance with nationwide and state labor laws, reduce disagreements with employees, and optimize tactical advantage if lawsuits is essential. We worry innovative preparation and aggressive advocacy for each client.

There are business sectors where we have special ability in dealing with employment matters. Many law practice count on us for counsel on concerns involving staff and lawyers, and we often encourage broker-dealers on non-compete and disciplinary debates. Our attorneys also efficiently represent many healthcare and hospitality industry customers in cumulative bargaining and other labor and employment employment concerns.

Any safeguarded class of employees-by age, race, gender, impairment, religion-could bring fit versus a company under the discrimination statues. We have successfully prosecuted and dealt with 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 way to handle any claim is to it from being filed, and we offer customers effective assistance right from the start to handle problems properly and keep them from becoming suits. If lawsuits is necessary, our attorneys examine thoroughly and prepare a strong position that can negate plaintiff 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 necessity in such cases to show that an employer’s actions appertained, and regardless of the prestige that is sometimes involved, we have had significant success at showing that company conduct was genuine and dealt with effectively.

Whether your organization presently has 3rd party representation or looks for to preserve an office free of such participation, our highly effective labor relations counsel can be crucial to helping maintain a competitive workplace while lessening conflicts and making the most of management versatility. Employers that face union organizing drives rely on our help to:

– Maintain a favorable workplace with open interaction with all workers

– Adhere to NLRB election laws

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

In unionized workplaces, our company is a highly competent and responsive partner that works alongside company human resources and labor relations personnel to:

– Take part in collective bargaining – consisting of 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 focus are what set our labor relations counsel apart from that of other law office. We use instant reaction, day-and-night availability in crisis situations and aggressive defense of all companies’ rights.

We protect many employers against class action claims in which workers take legal action against for back overtime pay-and countless dollars in damages-claiming that under company policies the Fair Labor Standards Act (FLSA) overtime pay exemption no longer applies to them.

JMBM labor attorneys can help employers avoid classification issues that result in lawsuits by:

– Auditing existing wage policy and pay practices

– Reviewing the language of written employment policies to make certain they comply with FLSA requirements for exempt and non-exempt workers

– Making sure all exempt staff member task descriptions include management and guidance

If you as an employer are faced with a wage and hour claim, whether under federal law or California wage and hour statutes, we mount an energetic and effective defense. Your JMBM lawyer will look for to reject class accreditation and work to protect an effective and efficient settlement that dismisses unproven claims and safeguards your interests.

Disputes over non-compete arrangements including trade tricks typically pit employers versus each other – especially in California, where the state’s Unfair Competition Law (Section 17200) makes it particularly tough to impose non-compete terms. We have actually handled lawsuits representing both employees’ previous and existing employers, and are experienced at securing and withstanding TROs and long-term injunctions to secure employer interests in either kind of case.