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Labor & Employment

Jeffer Mangels Butler & Mitchell LLP is a firm with a real labor practice – not just litigators who attempt work cases. On a relative basis for a company our size, we have one of the biggest employment and labor groups in California. Each of our lawyers works closely and personally with employer clients to develop proactive compliance and conflict resolution techniques. We think this one-on-one therapy is even more efficient than an unwieldy group. We work with customers to assist them avoid workplace problems, however where debate is inescapable, we have actually managed literally numerous jury trials, administrative trials and appeals before courts and administrative firms nationwide.

JMBM is recognized as a Go-To Law Office® & reg; for employment the leading 500 companies in the United States in the areas of labor litigation and employment labor & employment law, as identified by American Lawyer Media’s (ALM) annual study of internal counsel at FORTUNE 500® & reg; business. Because labor and employment problems frequently involve high stakes and extreme time pressure, our attorneys are committed to giving companies the most immediate service possible. We respond without delay and without fail, with straightforward advice from a knowledgeable legal representative who will not pass your issue off to another person. Issues like sexual harassment and work environment violence need instant attention- and we offer it.

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

Among the strengths of our labor and employment group is the variety of the companies we represent. Public and personal companies in service sectors ranging from standard production to technology, garments to aerospace and from healthcare to financial services all count on JMBM labor lawyers, despite the problem. Many clients have been with us 10 to 20 years-in numerous cases working with the exact same experienced lawyer who thoroughly comprehends their service.

Our industry-specific avoidance and preparedness strategies can prevent or decrease pricey claims. We work carefully with senior executives and internal counsel to craft personalized, reliable employment policies – complete with an emphasis on correctly training managers and HR staff on legal rights and responsibilities. Our options work to guarantee compliance with national and state labor laws, reduce disagreements with staff members, and make the most of tactical advantage if lawsuits is needed. We stress innovative planning and aggressive advocacy for every customer.

There are business sectors where we have unique skill in dealing with employment matters. Many law office depend on us for counsel on issues including staff and attorneys, and we typically advise broker-dealers on non-compete and disciplinary debates. Our lawyers likewise efficiently represent lots of healthcare and hospitality industry clients in cumulative bargaining and other labor and work concerns.

Any protected class of employees-by age, race, gender, disability, religion-could bring suit versus an employer under the discrimination statues. We have successfully prosecuted and dealt with 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 deal with any claim is to avoid it from being submitted, and we give customers effective assistance right from the start to manage complaints properly and keep them from becoming claims. If lawsuits is essential, our lawyers examine 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 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 problems are claims for wrongful termination, vindictive treatment and whistle blowing. We understand the requirement in such cases to show that a company’s actions appertained, and despite the prestige that is in some cases included, we have actually had considerable success at showing that company conduct was genuine and managed effectively.

Whether your currently has 3rd celebration representation or looks for to keep a workplace complimentary of such participation, our extremely reliable labor relations counsel can be vital to assisting maintain a competitive office while reducing conflicts and making the most of management flexibility. Employers that face union arranging drives depend on our assistance to:

– Maintain a favorable working environment with open communication with all staff members

– Comply with NLRB election laws

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

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

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

– Respond to complaint and arbitration actions

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

– Provide representation in NLRB proceedings

Responsiveness, determination and focus are what set our labor relations counsel apart from that of other law practice. We use immediate response, round-the-clock availability in crisis circumstances and aggressive defense of all companies’ rights.

We defend numerous companies against class action lawsuits in which workers demand back overtime pay-and millions of 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 employers avoid category issues that cause suits by:

– Auditing existing wage policy and pay practices

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

– Ensuring all exempt staff member job descriptions involve management and guidance

If you as an employer are faced with a wage and hour lawsuit, whether under federal law or California wage and hour statutes, we install a vigorous and reliable defense. Your JMBM lawyer will look for to reject class certification and work to secure an efficient and effective settlement that dismisses unproven claims and safeguards your interests.

Disputes over non-compete agreements involving trade secrets often pit companies versus each other – especially in California, where the state’s Unfair Competition Law (Section 17200) makes it particularly tough to enforce non-compete terms. We have actually managed lawsuits representing both workers’ former and existing companies, and are experienced at protecting and resisting TROs and permanent injunctions to protect employer interests in either kind of case.