Labor & Employment

Jeffer Mangels Butler & Mitchell LLP is a firm with a real labor practice – not just litigators who try employment cases. On a comparative basis for a company our size, we have one of the biggest employment and labor groups in California. Each of our legal representatives works carefully and personally with company clients to establish proactive compliance and conflict resolution strategies. We think this individually counseling is much more efficient than an unwieldy team. We deal with clients to help them prevent work environment issues, but where controversy is inescapable, we have actually 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 locations of labor lawsuits and labor & employment law, as figured out by American Lawyer Media’s (ALM) annual study of in-house counsel at FORTUNE 500® & reg; companies. Because labor and work problems typically involve high stakes and intense time pressure, our legal representatives are dedicated to giving employers the most immediate service possible. We respond quickly and without stop working, with straightforward guidance from an experienced lawyer who won’t pass your problem off to somebody else. Issues like unwanted sexual advances and office violence need immediate attention- and we supply it.

Employers in the middle of a over an organizing drive or an unjust 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 individual who can resolve your problem or address your question.

Among the strengths of our labor and employment group is the variety of the companies we represent. Public and personal business in company sectors ranging from fundamental production to technology, clothing to aerospace and from healthcare to financial services all count on JMBM labor lawyers, regardless of the issue. Many customers have been with us 10 to 20 years-in many cases working with the very same skilled legal representative who thoroughly comprehends their company.

Our industry-specific avoidance and preparedness strategies can prevent or minimize pricey claims. We work closely with senior executives and in-house counsel to craft customized, efficient work policies – total with a focus on correctly training managers and job HR personnel on legal rights and responsibilities. Our services work to guarantee compliance with nationwide and state labor laws, decrease conflicts with staff members, and optimize strategic benefit if litigation is needed. We worry innovative preparation and aggressive advocacy for every single customer.

There are business sectors where we have special ability in managing work matters. Many law companies depend on us for counsel on issues including staff and legal representatives, and we frequently advise broker-dealers on non-compete and disciplinary controversies. Our legal representatives likewise effectively represent numerous healthcare and hospitality industry clients in cumulative bargaining and other labor and employment concerns.

Any protected class of employees-by age, race, gender, special needs, religion-could bring fit versus an employer under the discrimination statues. We have successfully litigated and dealt with all kinds 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 prevent it from being submitted, and we offer clients reliable guidance right from the start to handle complaints correctly and keep them from becoming claims. If lawsuits is necessary, our attorneys examine thoroughly and prepare a strong position that can negate complainant 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 companies – 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 job whistle blowing. We comprehend the requirement in such cases to show that a company’s actions appertained, and in spite of the notoriety that is sometimes included, job we have actually had considerable success at showing that company conduct was genuine and dealt with effectively.

Whether your business currently has third celebration representation or looks for to preserve an office free of such participation, our extremely effective labor job relations counsel can be essential to helping keep a competitive workplace while reducing conflicts and optimizing management versatility. Employers that face union organizing drives count on our assistance to:

– Maintain a positive working environment with open interaction with all staff members

– Comply with NLRB election laws

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

In unionized work environments, our firm is an extremely skilled and responsive partner that works together with company personnels and labor relations personnel to:

– Participate in collective bargaining – including multi-union, job multi-location talks

– Respond 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 office. We provide instant response, round-the-clock accessibility in crisis scenarios and aggressive defense of all employers’ rights.

We protect numerous employers against class action lawsuits 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 applies to them.

JMBM labor lawyers can assist companies avoid category issues that lead to lawsuits by:

– Auditing existing wage policy and pay practices

– Reviewing the language of written employment policies to make certain they conform to FLSA requirements for exempt and non-exempt staff members

– Making certain all exempt worker task descriptions involve 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 efficient defense. Your JMBM lawyer will look for to deny class certification and work to protect an efficient and reliable settlement that dismisses unproven claims and safeguards your interests.

Disputes over non-compete contracts involving trade secrets typically pit companies versus each other – particularly in California, where the state’s Unfair Competition Law (Section 17200) makes it especially challenging to impose non-compete terms. We’ve managed lawsuits representing both workers’ previous and existing companies, and are proficient at protecting and resisting TROs and irreversible injunctions to protect company interests in either type of case.