Labor & Employment

Jeffer Mangels Butler & Mitchell LLP is a company with a true labor practice – not just litigators who try work cases. On a comparative basis for a company our size, we have among the biggest employment and labor groups in California. Each of our attorneys works closely and personally with company clients to establish proactive compliance and conflict resolution techniques. We believe this individually counseling is much more efficient than an unwieldy group. We work with customers to assist them avoid office issues, but where controversy is inevitable, employment we have managed literally hundreds of jury trials, administrative trials and appeals before courts and administrative companies nationwide.

JMBM is recognized as a Go-To Law Practice® & reg; for the top 500 business in the United States in the areas of labor litigation and labor & employment law, as figured out by American Lawyer Media’s (ALM) annual survey of internal counsel at FORTUNE 500® & reg; companies. Because labor and work problems frequently include high stakes and intense time pressure, employment our lawyers are devoted to offering companies the most instant service possible. We react promptly and without fail, with straightforward guidance from a knowledgeable lawyer who will not pass your problem off to somebody else. Issues like sexual harassment and office violence demand immediate attention- and we offer it.

Employers in the middle of a dispute over an organizing drive or an unreasonable labor practice grievance count on our aggressive and timely action. Accountability and employment availability are our watchwords, and you get direct access to the person who can resolve your problem or answer your question.

One of the strengths of our labor and employment group is the diversity of the companies we represent. Public and personal companies in organization sectors varying from standard production to technology, apparel to aerospace and from healthcare to financial services all count on JMBM labor legal representatives, regardless of the concern. Many clients have been with us 10 to 20 years-in numerous cases working with the exact same experienced attorney who intimately comprehends their organization.

Our industry-specific prevention and preparedness techniques can prevent or reduce costly claims. We work closely with senior executives and in-house counsel to craft tailored, efficient employment policies – total with a focus on appropriately training managers and HR personnel on legal rights and obligations. Our options work to make sure compliance with national and state labor laws, decrease conflicts with employees, and optimize strategic advantage if lawsuits is required. We worry innovative planning and aggressive advocacy for each customer.

There are company sectors where we have special ability in handling employment matters. Many law practice rely on us for counsel on issues including staff and attorneys, and employment we typically recommend broker-dealers on non-compete and disciplinary controversies. Our legal representatives also successfully represent numerous healthcare and hospitality industry clients in collective bargaining and other labor and employment issues.

Any safeguarded class of employees-by age, race, gender, disability, religion-could bring suit against an employer under the discrimination statues. We have successfully prosecuted and fixed 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 employment Standards Act

– Family and Medical Leave Act

The very best way to manage any claim is to avoid it from being filed, and we offer clients effective guidance right from the start to deal with complaints appropriately and keep them from becoming suits. If lawsuits is necessary, our lawyers 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 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 problems are claims for wrongful termination, vindictive treatment and whistle blowing. We understand the need in such cases to show that an employer’s actions appertained, and regardless of the notoriety that is often involved, we have actually had considerable success at revealing that company conduct was genuine and handled properly.

Whether your organization presently has 3rd party representation or looks for to maintain a workplace totally free of such involvement, our extremely effective labor relations counsel can be crucial to helping maintain a competitive office while lessening disputes and taking full advantage of management versatility. Employers that face union organizing drives depend on our aid to:

– Maintain a favorable workplace with open interaction with all employees

– Adhere to NLRB election laws

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

In unionized workplaces, our company is an extremely knowledgeable and responsive partner that works along with business human resources and labor relations personnel to:

– Take part in collective bargaining – consisting of multi-union, employment multi-location talks

– React to grievance and arbitration actions

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

– Provide representation in NLRB procedures

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

We safeguard numerous employers versus class action lawsuits in which workers demand back overtime pay-and employment countless dollars in damages-claiming that under company policies the Fair Labor Standards Act (FLSA) overtime pay exemption no longer uses to them.

JMBM labor lawyers can assist companies prevent classification problems that cause suits by:

– Auditing existing salary policy and pay practices

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

– Ensuring all exempt employee job descriptions involve management and supervision

If you as a company are faced with a wage and hour claim, whether under federal law or California wage and hour statutes, we install a vigorous and reliable defense. Your JMBM lawyer will look for to deny class accreditation and work to protect an efficient and effective settlement that dismisses unfounded claims and secures your interests.

Disputes over non-compete arrangements involving trade tricks frequently pit companies versus each other – especially in California, where the state’s Unfair Law (Section 17200) makes it particularly tough to enforce non-compete terms. We have actually dealt with litigation representing both employees’ previous and existing companies, and are competent at protecting and resisting TROs and long-term injunctions to protect company interests in either kind of case.