Labor & Employment

Jeffer Mangels Butler & Mitchell LLP is a company with a real labor practice – not just litigators who try work cases. On a comparative basis for a company our size, we have one of the biggest work and labor groups in California. Each of our attorneys works carefully and personally with employer customers to establish proactive compliance and dispute resolution methods. We believe this individually counseling is much more effective than an unwieldy group. We deal with clients to help them avoid workplace problems, employment however where controversy is unavoidable, we have actually dealt with literally numerous jury trials, administrative trials and appeals before courts and administrative companies nationwide.

JMBM is acknowledged as a Go-To Law Office® & reg; for the top 500 business in the United States in the locations of labor litigation and labor & employment law, as determined by American Lawyer Media’s (ALM) yearly survey of in-house counsel at FORTUNE 500® & reg; business. Because labor and employment issues often include high stakes and intense time pressure, our attorneys are devoted to offering companies the most instant service possible. We respond promptly and without stop working, with simple advice from a knowledgeable attorney who will not pass your issue off to someone else. Issues like unwanted sexual advances and office violence demand instant attention- and we supply it.

Employers in the middle of a conflict over an organizing drive or an unfair labor practice problem rely on our aggressive and timely action. Accountability and availability are our watchwords, and you get direct access to the individual who can solve your problem or answer your concern.

Among the strengths of our labor and work group is the diversity of the employers we represent. Public and private companies in business sectors ranging from fundamental manufacturing to innovation, clothing to aerospace and from health care to financial services all count on JMBM labor legal representatives, regardless of the issue. Many customers have been with us 10 to 20 years-in numerous cases dealing with the exact same knowledgeable legal representative who thoroughly understands their service.

Our industry-specific avoidance and readiness strategies can avoid or lessen pricey claims. We work closely with senior executives and in-house counsel to craft customized, efficient work policies – total with an emphasis on effectively training managers and HR personnel on legal rights and commitments. Our solutions work to make sure compliance with nationwide and state labor laws, reduce conflicts with workers, and employment take full advantage of strategic benefit if litigation is required. We stress innovative preparation and employment aggressive advocacy for every client.

There are service sectors where we have special skill in dealing with employment matters. Many law practice depend on us for counsel on concerns involving staff and lawyers, and we often recommend broker-dealers on non-compete and employment disciplinary debates. Our attorneys also effectively represent many healthcare and hospitality industry customers in collective bargaining and other labor and employment concerns.

Any safeguarded class of employees-by age, race, gender, special needs, religion-could bring suit against a company under the discrimination statues. We have actually effectively prosecuted and fixed 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 Standards Act

– Family and Medical Leave Act

The very best way to handle any claim is to prevent it from being filed, and we offer clients reliable guidance right from the start to handle grievances appropriately and keep them from becoming suits. If lawsuits is essential, our legal representatives 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 agencies – 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 were appropriate, and despite the prestige that is often included, we have actually had substantial success at revealing that employer conduct was legitimate and dealt with properly.

Whether your organization currently has 3rd celebration representation or seeks to maintain an office totally free of such participation, our labor relations counsel can be vital to helping keep a competitive work environment while lessening disputes and taking full advantage of management versatility. Employers that deal with union arranging drives count on our aid to:

– Maintain a favorable workplace with open interaction with all workers

– Comply with NLRB election laws

– Counter aggressive unionizing efforts without creating a « union-busting » debate

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

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

– React to grievance and arbitration actions

– Manage reductions in force, drug testing, 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 companies. We use instant response, round-the-clock schedule in crisis scenarios and aggressive defense of all employers’ rights.

We defend numerous employers versus class action claims in which employees sue for back overtime pay-and countless dollars in damages-claiming that under business policies the Fair Labor Standards Act (FLSA) overtime pay exemption no longer applies to them.

JMBM labor attorneys can help companies avoid category issues that lead to lawsuits by:

– Auditing existing income policy and pay practices

– Reviewing the language of written employment policies to ensure they conform to FLSA requirements for exempt and non-exempt employees

– Making certain all exempt staff member job descriptions involve management and guidance

If you as a company are faced with a wage and hour suit, whether under federal law or California wage and hour statutes, we mount a vigorous and effective defense. Your JMBM legal representative will seek to deny class certification and work to protect an efficient and effective settlement that dismisses unproven claims and safeguards your interests.

Disputes over non-compete arrangements involving trade tricks often pit companies against each other – particularly in California, where the state’s Unfair Competition Law (Section 17200) makes it specifically tough to impose non-compete terms. We’ve dealt with lawsuits representing both workers’ former and present employers, and are knowledgeable at securing and resisting TROs and long-term injunctions to protect employer interests in either type of case.