Labor & Employment
Jeffer Mangels Butler & Mitchell LLP is a firm with a true labor practice - not simply litigators who attempt employment 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 clients to develop proactive compliance and dispute resolution strategies. Our company believe this individually therapy is even more efficient than an unwieldy team. We deal with customers to assist them prevent office issues, but where controversy is unavoidable, we have actually dealt with actually hundreds of jury trials, administrative trials and appeals before courts and administrative companies across the country.
JMBM is recognized as a Go-To Law Firm® & reg; for the leading 500 companies in the United States in the locations of labor lawsuits and labor & employment law, as identified by American Lawyer Media's (ALM) yearly study of in-house counsel at FORTUNE 500® & reg; business. Because labor and employment problems often include high stakes and intense time pressure, our attorneys are committed to providing employers the most instant service possible. We respond without delay and without fail, with simple guidance from an experienced legal representative who will not pass your issue off to somebody else. Issues like sexual harassment and workplace violence need instant attention- and we offer it.
Employers in the middle of a conflict over an organizing drive or an unfair labor practice grievance depend on our aggressive and prompt action. Accountability and availability are our watchwords, and you get direct access to the person who can solve your problem or address your question.
One of the strengths of our labor and employment group is the diversity of the employers we represent. Public and private companies in service sectors ranging from fundamental production to innovation, clothing to aerospace and from healthcare to financial services all count on JMBM labor attorneys, despite the problem. Many customers have been with us 10 to 20 years-in lots of cases dealing with the exact same experienced lawyer who thoroughly understands their business.
Our industry-specific prevention and preparedness techniques can prevent or minimize expensive claims. We work carefully with senior executives and in-house counsel to craft personalized, efficient work policies - complete with an emphasis on properly training managers and HR personnel on legal rights and obligations. Our options work to guarantee compliance with national and state labor laws, minimize disagreements with employees, and optimize strategic benefit if lawsuits is needed. We stress imaginative planning and aggressive advocacy for every single client.
There are service sectors where we have unique ability in dealing with employment matters. Many law firms count on us for counsel on issues including personnel and attorneys, and we frequently recommend broker-dealers on non-compete and disciplinary controversies. Our lawyers likewise successfully represent numerous healthcare and hospitality market clients in cumulative bargaining and other labor and employment issues.
Any safeguarded class of employees-by age, race, gender, disability, religion-could bring fit versus an employer under the discrimination statues. We have successfully litigated and fixed 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 manage any claim is to prevent it from being filed, and we provide clients reliable guidance right from the start to manage complaints appropriately and employment keep them from ending up being suits. If litigation is required, our legal representatives examine completely and prepare a strong position that can negate plaintiff claims.
We offer strong defense in state and federal court, in administrative actions before the Federal Equal Employment Opportunity Commission and before all the California state companies - the Department of 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 need in such cases to show that a company's actions were proper, and regardless of the notoriety that is sometimes included, we have had substantial success at showing that company conduct was genuine and dealt with properly.
Whether your organization currently has 3rd celebration representation or looks for to maintain a work environment without such involvement, our extremely effective labor relations counsel can be important to assisting keep a competitive workplace while decreasing conflicts and maximizing management versatility. Employers that face union arranging drives count on our help to:
- Maintain a positive working environment with open interaction with all workers
- Comply with NLRB election laws
- Counter aggressive unionizing efforts without creating a "union-busting" debate
In unionized offices, our company is a highly proficient and responsive partner that works along with business human resources 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 proceedings
Responsiveness, decision and focus are what set our labor relations counsel apart from that of other law office. We provide immediate reaction, day-and-night schedule in crisis situations and aggressive defense of all companies' rights.
We protect many employers versus class action suits in which workers demand 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 attorneys can help companies prevent category issues that cause lawsuits by:
- Auditing existing wage policy and pay practices
- Reviewing the language of composed employment policies to make sure they adhere to FLSA requirements for exempt and non-exempt employees
- Ensuring all exempt employee job descriptions include management and guidance
If you as an employer are confronted with a wage and hour claim, whether under federal law or California wage and hour statutes, we install a vigorous and reliable defense. Your JMBM legal representative will look for to deny class accreditation and work to protect an effective and effective settlement that dismisses unfounded claims and safeguards your interests.
Disputes over non-compete agreements including trade secrets frequently pit companies against each other - especially in California, where the state's Unfair Competition Law (Section 17200) makes it especially challenging to impose non-compete terms. We've managed lawsuits representing both employees' former and present companies, and are proficient at protecting and resisting TROs and long-term injunctions to secure employer interests in either type of case.