Labor & Employment
Jeffer Mangels Butler & Mitchell LLP is a company with a true labor practice - not just litigators who try work cases. On a comparative basis for a firm our size, we have one of the largest work and labor groups in California. Each of our lawyers works closely and personally with company customers to develop proactive compliance and disagreement resolution techniques. We believe this one-on-one counseling is much more efficient than an unwieldy group. We work with clients to assist them avoid workplace problems, but where debate is inescapable, we have dealt with actually numerous jury trials, administrative trials and appeals before courts and administrative agencies across the country.
JMBM is acknowledged as a Go-To Law Firm® & reg; for the leading 500 companies in the United States in the areas of labor lawsuits and labor & employment law, as identified by American Lawyer Media's (ALM) yearly survey of internal counsel at FORTUNE 500® & reg; companies. Because labor and employment issues typically include high stakes and employment extreme time pressure, our legal representatives are dedicated to offering companies the most instant service possible. We respond without delay and without stop working, with straightforward recommendations from an experienced lawyer who will not pass your issue off to somebody else. 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 unjust labor practice complaint rely on our aggressive and prompt action. Accountability and availability are our watchwords, and you get direct access to the individual who can resolve your problem or answer your question.
Among the strengths of our labor and employment group is the diversity of the companies we represent. Public and personal companies in service sectors varying from standard production to technology, apparel to aerospace and from healthcare to financial services all depend on JMBM labor lawyers, regardless of the issue. Many customers have been with us 10 to 20 years-in lots of cases working with the exact same experienced lawyer who intimately understands their business.
Our industry-specific prevention and readiness methods can prevent or reduce costly claims. We work carefully with senior executives and internal counsel to craft tailored, reliable employment policies - complete with a focus on properly training managers and HR staff on legal rights and responsibilities. Our solutions work to guarantee compliance with nationwide and state labor laws, with employees, and make the most of tactical advantage if litigation is required. We worry innovative planning and aggressive advocacy for every client.
There are organization sectors where we have unique ability in managing employment matters. Many law practice rely on us for counsel on concerns including staff and legal representatives, and we frequently advise broker-dealers on non-compete and disciplinary controversies. Our legal representatives likewise effectively represent lots of healthcare and hospitality industry customers in cumulative bargaining and other labor and employment issues.
Any protected class of employees-by age, race, gender, disability, religion-could bring fit against a company under the discrimination statues. We have effectively prosecuted and solved 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 finest way to manage any claim is to prevent it from being submitted, and we give clients effective assistance right from the start to deal with grievances effectively and keep them from becoming claims. If lawsuits is required, our lawyers investigate 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 Employment 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 problems are claims for wrongful termination, vindictive treatment and whistle blowing. We understand the requirement in such cases to demonstrate that an employer's actions were appropriate, and in spite of the prestige that is sometimes involved, we have actually had significant success at revealing that company conduct was genuine and managed properly.
Whether your company presently has 3rd party representation or looks for to preserve an office free of such participation, our extremely reliable labor relations counsel can be crucial to assisting preserve a competitive workplace while minimizing disputes and making the most of management flexibility. Employers that face union arranging drives count on our assistance to:
- Maintain a favorable working environment with open interaction with all staff members
- Abide by NLRB election laws
- Counter aggressive unionizing efforts without producing a "union-busting" controversy
In unionized work environments, our firm is an extremely competent and responsive partner that works together with company personnels and labor relations personnel to:
- Engage in cumulative bargaining - consisting of multi-union, multi-location talks
- React to complaint and arbitration actions
- Manage decreases in force, drug screening, discipline proceedings and strikes
- Provide representation in NLRB procedures
Responsiveness, decision and focus are what set our labor relations counsel apart from that of other law office. We use immediate action, round-the-clock accessibility in crisis scenarios and aggressive defense of all companies' rights.
We defend numerous companies against class action claims in which staff members 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 uses to them.
JMBM labor attorneys can help companies avoid classification issues that lead to suits by:
- Auditing existing income policy and pay practices
- Reviewing the language of written employment policies to ensure they comply with FLSA requirements for exempt and non-exempt staff members
- Ensuring all exempt employee job descriptions include management and supervision
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 an energetic and reliable defense. Your JMBM attorney will seek to deny class accreditation and work to protect an efficient and reliable settlement that dismisses unfounded claims and safeguards your interests.
Disputes over non-compete agreements involving trade tricks typically pit employers against each other - especially in California, where the state's Unfair Competition Law (Section 17200) makes it particularly hard to enforce non-compete terms. We've handled lawsuits representing both workers' previous and existing companies, and are competent at securing and resisting TROs and permanent injunctions to protect employer interests in either kind of case.