Labor & Employment

Jeffer Mangels Butler & Mitchell LLP is a company with a true labor practice – not simply litigators who attempt employment cases. On a relative basis for a firm our size, we have among the largest employment and labor groups in California. Each of our lawyers works carefully and personally with employer customers to establish proactive compliance and disagreement resolution strategies. Our company believe this one-on-one therapy is far more efficient than an unwieldy team. We work with customers to assist them avoid office problems, however where debate is unavoidable, we have handled literally hundreds of jury trials, administrative trials and appeals before courts and administrative agencies 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 litigation and labor employment & employment law, as figured out by American Lawyer Media’s (ALM) yearly survey of internal counsel at FORTUNE 500® & reg; companies. Because labor and employment employment issues often include high stakes and employment extreme time pressure, our attorneys are dedicated to offering companies the most immediate service possible. We respond immediately and without stop working, with uncomplicated recommendations from a knowledgeable legal representative who won’t pass your problem off to somebody else. Issues like sexual harassment and workplace violence need instant attention- and we supply it.

Employers in the middle of a dispute over an organizing drive or an unfair labor practice grievance depend 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 concern.

Among the strengths of our labor and employment group is the diversity of the companies we . Public and personal business in business sectors ranging from standard manufacturing to innovation, apparel to aerospace and from healthcare to monetary services all rely on JMBM labor attorneys, despite the issue. Many clients have been with us 10 to 20 years-in numerous cases working with the exact same skilled legal representative who totally comprehends their company.

Our industry-specific avoidance and employment readiness techniques can avoid or lessen expensive claims. We work carefully with senior executives and internal counsel to craft tailored, efficient work policies – total with a focus on effectively training managers and HR staff on legal rights and obligations. Our services work to make sure compliance with nationwide and state labor laws, minimize conflicts with staff members, and optimize tactical benefit if litigation is required. We worry imaginative preparation and aggressive advocacy for each client.

There are service sectors where we have special ability in dealing with employment matters. Many law practice rely on us for counsel on issues involving staff and attorneys, and we often recommend broker-dealers on non-compete and disciplinary controversies. Our legal representatives likewise successfully represent numerous health care and hospitality industry customers in cumulative bargaining and other labor and work concerns.

Any protected class of employees-by age, race, gender, employment impairment, religion-could bring suit against a company under the discrimination statues. We have actually successfully litigated and resolved 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 finest way to manage any claim is to avoid it from being submitted, and we provide customers reliable assistance right from the start to manage complaints properly and keep them from ending up being claims. If litigation is essential, our attorneys 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 understand the need in such cases to show that an employer’s actions were correct, and in spite of the notoriety that is often involved, we have actually had significant success at showing that employer conduct was legitimate and managed properly.

Whether your company currently has 3rd celebration representation or seeks to maintain a workplace devoid of such involvement, our extremely effective labor relations counsel can be vital to helping keep a competitive workplace while reducing disputes and making the most of management versatility. Employers that deal with union organizing drives rely on our aid to:

– Maintain a positive working environment with open communication with all employees

– Adhere to NLRB election laws

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

In unionized workplaces, our firm is an extremely experienced and responsive partner that works alongside company personnels and labor relations workers to:

– Take part in cumulative bargaining – including multi-union, multi-location talks

– Respond to complaint and arbitration actions

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

– Provide representation in NLRB procedures

Responsiveness, determination and focus are what set our labor relations counsel apart from that of other law practice. We provide instant reaction, day-and-night schedule in crisis circumstances and aggressive defense of all employers’ rights.

We safeguard lots of employers versus class action suits 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 legal representatives can help employers avoid category problems that cause lawsuits by:

– Auditing existing salary policy and pay practices

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

– Making sure all exempt worker job 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 a vigorous and reliable defense. Your JMBM legal representative will look for to deny class certification and work to secure an efficient and efficient settlement that dismisses unproven claims and secures your interests.

Disputes over non-compete arrangements involving trade tricks frequently pit employers versus each other – especially in California, where the state’s Unfair Competition Law (Section 17200) makes it especially difficult to enforce non-compete terms. We have actually handled litigation representing both staff members’ previous and existing employers, and are skilled at securing and resisting TROs and long-term injunctions to safeguard employer interests in either kind of case.