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 attorneys works closely and personally with company customers to develop proactive compliance and conflict resolution techniques. Our company believe this one-on-one counseling is far more efficient than an unwieldy team. We work with clients to help them prevent work environment problems, but where debate is inevitable, we have actually dealt with literally hundreds of jury trials, administrative trials and employment appeals before courts and administrative firms across the country.

JMBM is acknowledged as a Go-To Law Practice® & reg; for the leading 500 companies in the United States in the areas of labor litigation and labor & employment law, as identified by American Lawyer Media’s (ALM) annual study of internal counsel at FORTUNE 500® & reg; companies. Because labor and employment issues frequently involve high stakes and intense time pressure, our lawyers are devoted to giving companies the most instant service possible. We react without delay and without stop working, with uncomplicated advice from an experienced legal representative who will not pass your issue off to somebody else. Issues like unwanted sexual advances and workplace violence need immediate attention- and employment we offer it.

Employers in the middle of a dispute over an arranging drive or an unfair labor practice grievance rely on our aggressive and prompt action. Accountability and ease of access are our watchwords, and you get direct access to the individual who can resolve your issue or address your concern.

One of the strengths of our labor and work group is the variety of the companies we represent. Public and private business in organization sectors varying from standard production to technology, clothing to aerospace and from health care to financial services all depend on JMBM labor legal representatives, regardless of the problem. Many customers have actually been with us 10 to 20 years-in lots of cases dealing with the same knowledgeable attorney who totally comprehends their service.

Our industry-specific avoidance and preparedness strategies can prevent or minimize expensive claims. We work carefully with senior executives and internal counsel to craft tailored, effective work policies – complete with an emphasis on effectively training managers and HR personnel on legal rights and employment responsibilities. Our solutions work to make sure compliance with nationwide and state labor laws, reduce disagreements with staff members, and make the most of tactical advantage if litigation is essential. We worry innovative planning and employment aggressive advocacy for each customer.

There are business sectors where we have special skill in managing employment matters. Many law office depend on us for counsel on concerns involving staff and lawyers, and we often recommend broker-dealers on non-compete and disciplinary debates. Our attorneys likewise efficiently represent numerous health care 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 match against an employer under the discrimination statues. We have successfully prosecuted 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 method to manage any claim is to prevent it from being filed, and we offer clients efficient guidance right from the start to manage complaints appropriately and keep them from ending up being suits. If lawsuits is essential, our lawyers investigate completely and prepare a strong position that can negate plaintiff claims.

We supply 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 concerns are claims for wrongful termination, vindictive treatment and whistle blowing. We comprehend the necessity in such cases to demonstrate that an employer’s actions appertained, and in spite of the prestige that is in some cases included, we have had considerable success at revealing that company conduct was genuine and managed effectively.

Whether your company presently has 3rd party representation or seeks to keep a workplace without such participation, our highly effective labor relations counsel can be important to assisting preserve a competitive office while reducing conflicts and maximizing management flexibility. Employers that face union arranging drives rely on our help to:

– Maintain a positive workplace with open interaction with all

– Comply with NLRB election laws

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

In unionized work environments, our company is a highly proficient and responsive partner that works together with company personnels and labor relations workers to:

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

– React to grievance and arbitration actions

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

– Provide representation in NLRB proceedings

Responsiveness, decision and focus are what set our labor relations counsel apart from that of other law companies. We provide immediate response, day-and-night availability in crisis situations and aggressive defense of all employers’ rights.

We protect numerous companies against class action suits in which employees demand back overtime pay-and employment millions of dollars in damages-claiming that under business policies the Fair Labor Standards Act (FLSA) overtime pay exemption no longer applies to them.

JMBM labor legal representatives can assist companies prevent classification issues that result in lawsuits by:

– Auditing existing salary policy and pay practices

– Reviewing the language of composed work policies to make certain they comply with FLSA requirements for exempt and non-exempt staff members

– Making certain 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 an energetic and employment efficient defense. Your JMBM attorney will seek to reject class certification and work to secure an efficient and reliable settlement that dismisses unproven claims and protects your interests.

Disputes over non-compete arrangements including trade secrets often pit companies against each other – particularly in California, where the state’s Unfair Competition Law (Section 17200) makes it especially hard to impose non-compete terms. We have actually dealt with lawsuits representing both staff members’ previous and current employers, and are experienced at securing and resisting TROs and employment permanent injunctions to secure employer interests in either type of case.