Labor & Employment

Jeffer Mangels Butler & Mitchell LLP is a firm with a true labor practice – not simply litigators who try employment cases. On a relative basis for a firm our size, we have among the biggest work and labor groups in California. Each of our legal representatives works closely and personally with employer clients to develop proactive compliance and conflict resolution strategies. We think this individually counseling is even more effective than an unwieldy team. We work with customers to help them prevent work environment problems, however where controversy is unavoidable, we have actually managed literally numerous jury trials, administrative trials and appeals before courts and administrative firms across the country.

JMBM is acknowledged as a Go-To Law Firm® & reg; for the top 500 companies in the United States in the areas of labor lawsuits and 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 typically include high stakes and extreme time pressure, our attorneys are dedicated to giving employers the most instant service possible. We react immediately and without fail, with uncomplicated advice from a knowledgeable legal representative who will not pass your issue off to another person. Issues like unwanted sexual advances and job workplace violence need instant attention- and we supply it.

Employers in the middle of a conflict over an organizing drive or job an unreasonable labor practice complaint rely on our aggressive and timely action. Accountability and availability are our watchwords, and you get direct access to the person who can solve your issue or address your concern.

Among the strengths of our labor and employment group is the variety of the companies we represent. Public and personal business in company sectors varying from fundamental production to innovation, apparel to aerospace and from healthcare to monetary services all rely on JMBM labor attorneys, no matter the concern. Many clients have been with us 10 to 20 years-in many cases dealing with the same experienced legal representative who intimately understands their company.

Our industry-specific prevention and preparedness strategies can avoid or decrease expensive claims. We work closely with senior executives and in-house counsel to craft tailored, efficient work policies – complete with an emphasis on correctly training supervisors and HR personnel on legal rights and commitments. Our solutions work to make sure compliance with nationwide and state labor laws, decrease disagreements with employees, and optimize tactical advantage if litigation is required. We worry creative preparation and aggressive advocacy for every single customer.

There are company sectors where we have unique ability in dealing with work matters. Many law practice depend on us for counsel on problems including personnel and lawyers, and we typically advise broker-dealers on non-compete and disciplinary debates. Our legal also successfully represent lots of healthcare and hospitality market customers in collective bargaining and other labor and work issues.

Any secured class of employees-by age, race, gender, impairment, religion-could bring match against a company under the discrimination statues. We have successfully litigated and resolved 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 Standards Act

– Family and Medical Leave Act

The finest way 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 correctly and keep them from becoming lawsuits. If litigation is essential, our legal representatives examine thoroughly 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 concerns are claims for wrongful termination, vindictive treatment and whistle blowing. We understand the need in such cases to demonstrate that an employer’s actions appertained, and regardless of the prestige that is sometimes involved, we have had significant success at showing that company conduct was legitimate and managed appropriately.

Whether your organization currently has third party representation or looks for to maintain an office devoid of such involvement, our extremely effective labor relations counsel can be important to helping maintain a competitive work environment while minimizing conflicts and making the most of management versatility. Employers that deal with union organizing drives depend on our assistance to:

– Maintain a positive workplace with open communication with all employees

– Abide by NLRB election laws

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

In unionized work environments, our company is an extremely experienced and responsive partner that works together with company personnels and labor relations workers to:

– Take part 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 practice. We offer immediate action, round-the-clock accessibility in crisis scenarios and aggressive defense of all employers’ rights.

We protect lots of companies against class action suits in which employees take legal action against 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 lawyers can help companies prevent classification problems that result in suits by:

– Auditing existing income policy and pay practices

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

– Making sure all exempt staff member job descriptions include management and supervision

If you as an employer are faced with a wage and hour suit, whether under federal law or California wage and hour statutes, we install a vigorous and efficient defense. Your JMBM attorney will seek to deny class accreditation and work to protect an efficient and reliable settlement that dismisses unproven claims and protects your interests.

Disputes over non-compete contracts involving trade secrets typically pit employers versus each other – particularly in California, where the state’s Unfair Competition Law (Section 17200) makes it particularly difficult to implement non-compete terms. We have actually managed litigation representing both staff members’ former and existing companies, and are experienced at securing and resisting TROs and irreversible injunctions to protect employer interests in either type of case.