Labor & Employment

Jeffer Mangels Butler & Mitchell LLP is a firm with a real labor practice – not simply litigators who attempt work cases. On a comparative basis for a firm our size, we have among the biggest work and labor groups in California. Each of our attorneys works carefully and personally with company customers to develop proactive compliance and dispute resolution methods. We think this one-on-one therapy is far more effective than an unwieldy group. We work with customers to help them prevent work environment issues, but where debate is unavoidable, we have actually managed literally numerous 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 & work law, as identified by American Lawyer Media’s (ALM) yearly survey of internal counsel at FORTUNE 500® & reg; companies. Because labor and employment problems frequently involve high stakes and extreme time pressure, our lawyers are devoted to giving employers the most instant service possible. We respond immediately and without fail, with straightforward guidance from an experienced lawyer who won’t pass your issue off to another person. Issues like sexual harassment and work environment violence need immediate attention- and we supply it.

Employers in the middle of a dispute over an organizing drive or an unfair labor practice complaint count on our aggressive and prompt action. Accountability and ease of access are our watchwords, and you get direct access to the person who can resolve your issue or answer your concern.

Among the strengths of our labor and work group is the variety of the companies we represent. Public and personal business in business sectors ranging from basic manufacturing to innovation, garments to aerospace and from healthcare to financial services all rely on JMBM labor lawyers, despite the problem. Many customers have actually been with us 10 to 20 years-in lots of cases working with the very same skilled attorney who thoroughly understands their company.

Our industry-specific prevention and preparedness techniques can prevent or decrease pricey claims. We work closely with senior executives and internal counsel to craft personalized, employment efficient work policies – complete with a focus on correctly training managers and HR personnel on legal rights and commitments. Our services work to guarantee compliance with national and state labor laws, minimize disputes with employees, and take full advantage of tactical benefit if lawsuits is essential. We stress innovative planning and aggressive advocacy for every single customer.

There are business sectors where we have unique skill in dealing with employment matters. Many law firms count on us for counsel on issues including staff and attorneys, and we typically recommend broker-dealers on non-compete and disciplinary controversies. Our lawyers also successfully represent lots of health care and hospitality market customers in cumulative bargaining and other labor and employment concerns.

Any safeguarded class of employees-by age, race, gender, impairment, religion-could bring suit versus an employer under the discrimination statues. We have successfully prosecuted 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 very best way to deal with any claim is to avoid it from being filed, and we offer clients reliable assistance right from the start to manage problems correctly and keep them from ending up being suits. If lawsuits is essential, our legal representatives investigate completely and prepare a strong position that can negate plaintiff claims.

We provide 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, employment retaliatory treatment and whistle blowing. We understand the requirement in such cases to demonstrate that a company’s actions were appropriate, and in spite of the notoriety that is sometimes included, we have had significant success at showing that employer conduct was legitimate and employment dealt with correctly.

Whether your organization currently has 3rd party representation or seeks to keep a work environment without such participation, our highly effective labor relations counsel can be essential to helping keep a competitive workplace while minimizing disputes and optimizing management flexibility. Employers that deal with union organizing drives count on our aid to:

– Maintain a favorable working environment with open interaction with all employees

– Abide by NLRB election laws

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

In unionized work environments, our company is a highly skilled and responsive partner that works together with company human resources and labor relations workers to:

– Engage in cumulative bargaining – including multi-union, multi-location talks

– React to grievance and arbitration actions

– Manage decreases in force, drug screening, 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 practice. We provide immediate reaction, day-and-night availability in crisis circumstances and aggressive defense of all companies’ rights.

We protect many employers against class action suits in which workers demand 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 assist companies prevent classification problems that result in claims by:

– Auditing existing salary policy and pay practices

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

– Making sure all exempt employee task descriptions include management and guidance

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

Disputes over non-compete arrangements involving trade tricks typically pit companies against 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 staff members’ former and current employers, and employment are knowledgeable at protecting and and long-term injunctions to safeguard company interests in either kind of case.