Labor & Employment
Jeffer Mangels Butler & Mitchell LLP is a company with a true labor practice - not simply litigators who try employment cases. On a relative basis for a firm our size, we have one of the largest employment and labor groups in California. Each of our legal representatives works closely and personally with company clients to establish proactive compliance and conflict resolution strategies. We believe this one-on-one therapy is much more efficient than an unwieldy group. We work with clients to help them avoid office issues, however where debate is unavoidable, we have managed literally numerous jury trials, administrative trials and appeals before courts and employment administrative companies nationwide.
JMBM is acknowledged as a Go-To Law Office® & reg; for the top 500 companies in the United States in the locations of labor lawsuits and labor & employment law, as determined by American Lawyer Media's (ALM) yearly study of internal counsel at FORTUNE 500® & reg; companies. Because labor and employment issues frequently include high stakes and extreme time pressure, our attorneys are dedicated to giving companies the most instant service possible. We respond immediately and employment without stop working, with simple advice from a knowledgeable attorney who won't pass your issue off to another person. Issues like sexual harassment and work environment violence demand instant attention- and we provide it.
Employers in the middle of a conflict over an organizing drive or an unjust labor practice grievance count on our aggressive and prompt action. Accountability and accessibility are our watchwords, and you get direct access to the individual who can resolve your problem or answer your concern.
One of the strengths of our labor and work group is the variety of the employers we represent. Public and private business in business sectors ranging from standard manufacturing to technology, clothing to aerospace and from healthcare to financial services all depend on JMBM labor attorneys, regardless of the issue. Many customers have actually been with us 10 to 20 years-in many cases dealing with the same knowledgeable lawyer who totally comprehends their service.
Our industry-specific prevention and preparedness methods can avoid or lessen expensive claims. We work carefully with senior executives and in-house counsel to craft tailored, effective employment policies - complete with an emphasis on correctly training supervisors and HR personnel on legal rights and commitments. Our solutions work to guarantee compliance with national and state labor laws, minimize disagreements with staff members, and make the most of tactical advantage if lawsuits is essential. We worry imaginative preparation and aggressive advocacy for every client.
There are organization sectors where we have unique ability in managing work matters. Many law office rely on us for counsel on concerns including personnel and attorneys, and we typically advise broker-dealers on non-compete and disciplinary controversies. Our attorneys also successfully represent lots of health care and hospitality industry customers in collective bargaining and other labor and employment issues.
Any secured class of employees-by age, race, gender, disability, religion-could bring match versus a company under the discrimination statues. We have effectively and dealt with all types 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 deal with any claim is to avoid it from being submitted, and we provide clients effective assistance right from the start to manage complaints properly and keep them from becoming lawsuits. If lawsuits is necessary, our legal representatives examine thoroughly 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 Job Opportunity Commission and employment before all the California state companies - 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, vindictive treatment and whistle blowing. We comprehend the need in such cases to show that a company's actions appertained, and in spite of the prestige that is in some cases included, we have had considerable success at showing that employer conduct was legitimate and dealt with correctly.
Whether your organization presently has 3rd party representation or seeks to maintain a work environment complimentary of such participation, our extremely effective labor relations counsel can be vital to assisting maintain a competitive office while minimizing conflicts and maximizing management versatility. Employers that face union arranging drives rely on our assistance to:
- Maintain a favorable working environment with open communication with all workers
- Comply with NLRB election laws
- Counter aggressive unionizing efforts without creating a "union-busting" controversy
In unionized work environments, our company is an extremely competent and responsive partner that works together with company human resources and labor relations workers to:
- Participate in cumulative bargaining - including multi-union, multi-location talks
- Respond to complaint and arbitration actions
- Manage decreases 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 office. We use instant reaction, day-and-night availability in crisis situations and aggressive defense of all employers' rights.
We safeguard many employers against class action claims in which employees sue 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 lawyers can assist companies prevent category issues that result in claims by:
- Auditing existing salary policy and pay practices
- Reviewing the language of written work policies to ensure they comply with FLSA requirements for exempt and non-exempt staff members
- Making certain all exempt employee task descriptions involve management and supervision
If you as an employer are confronted with a wage and hour claim, whether under federal law or California wage and hour statutes, we mount an energetic and effective defense. Your JMBM lawyer will seek to reject class accreditation and work to protect an efficient and effective settlement that dismisses unfounded claims and safeguards your interests.
Disputes over non-compete contracts involving trade tricks often pit companies versus each other - especially in California, where the state's Unfair Competition Law (Section 17200) makes it especially tough to enforce non-compete terms. We have actually managed litigation representing both workers' previous and present employers, and are competent at protecting and withstanding TROs and long-term injunctions to safeguard employer interests in either kind of case.