Labor & Employment

Jeffer Mangels Butler & Mitchell LLP is a company with a real labor practice – not simply litigators who try employment cases. On a relative basis for a company our size, we have among the largest work and labor groups in California. Each of our legal representatives works carefully and personally with employer clients to develop proactive compliance and disagreement resolution techniques. We think this individually counseling is even more efficient than an unwieldy team. We deal with customers to assist them prevent work environment issues, however where controversy is inevitable, employment we have managed literally numerous jury trials, administrative trials and appeals before courts and administrative agencies across the country.

JMBM is recognized as a Go-To Law Office® & reg; for the leading 500 companies in the United States in the areas of labor litigation and labor & work law, as determined by American Lawyer Media’s (ALM) yearly survey of internal counsel at FORTUNE 500® & reg; companies. Because labor and work problems frequently involve high stakes and extreme time pressure, our attorneys are dedicated to giving companies the most instant service possible. We react quickly and without stop working, with uncomplicated suggestions from a knowledgeable legal representative who will not pass your issue off to somebody else. Issues like unwanted sexual advances and workplace violence demand instant attention- and we provide it.

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

Among the strengths of our labor and employment group is the variety of the employers we represent. Public and private business in company sectors ranging from standard manufacturing to innovation, employment clothing to aerospace and from health care to financial services all depend on JMBM labor legal representatives, despite the issue. Many clients have actually been with us 10 to 20 years-in many cases dealing with the same knowledgeable legal representative who intimately comprehends their company.

Our industry-specific prevention and readiness techniques can avoid or reduce expensive claims. We work closely with senior executives and internal counsel to craft personalized, reliable work policies – complete with a focus on properly training managers and HR staff on legal rights and responsibilities. Our services work to make sure compliance with national and state labor laws, minimize disputes with employees, and maximize strategic advantage if litigation is needed. We worry imaginative planning and aggressive advocacy for each client.

There are organization sectors where we have unique skill in managing employment matters. Many law companies depend on us for counsel on concerns involving personnel and attorneys, and employment we typically advise broker-dealers on non-compete and disciplinary debates. Our legal representatives also efficiently represent numerous health care and hospitality industry customers in cumulative bargaining and other labor and employment concerns.

Any safeguarded class of employees-by age, race, gender, special needs, religion-could bring suit versus a company under the discrimination statues. We have successfully litigated and fixed 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 method to deal with any claim is to prevent it from being filed, and we offer customers effective assistance right from the start to deal with grievances appropriately and keep them from ending up being lawsuits. If litigation is needed, our legal representatives investigate completely and prepare a strong position that can negate complainant 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, retaliatory treatment and whistle blowing. We comprehend the requirement in such cases to show that a company’s actions appertained, and despite the prestige that is sometimes involved, we have had significant success at showing that company conduct was genuine and dealt with correctly.

Whether your business presently has 3rd party or seeks to keep a workplace devoid of such involvement, our highly effective labor relations counsel can be crucial to helping maintain a competitive office while minimizing conflicts and maximizing management versatility. Employers that deal with union arranging drives depend on our aid to:

– Maintain a favorable workplace with open interaction with all workers

– Comply with NLRB election laws

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

In unionized offices, our company is an extremely knowledgeable and responsive partner that works alongside company human resources and labor relations workers to:

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

– Respond to grievance and arbitration actions

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

– Provide representation in NLRB proceedings

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

We safeguard numerous employers versus class action suits in which employees sue 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 uses to them.

JMBM labor legal representatives can assist companies avoid classification problems that lead to suits 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

– Ensuring all exempt employee task descriptions include management and guidance

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 effective defense. Your JMBM lawyer will seek to reject class accreditation and work to protect an effective and reliable settlement that dismisses unfounded claims and safeguards your interests.

Disputes over non-compete agreements involving trade secrets frequently pit employers versus each other – especially in California, where the state’s Unfair Competition Law (Section 17200) makes it specifically tough to enforce non-compete terms. We have actually dealt with lawsuits representing both workers’ former and current companies, and are proficient at securing and resisting TROs and long-term injunctions to protect company interests in either type of case.