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 company our size, we have one of the biggest work and labor groups in California. Each of our attorneys works closely and personally with employer customers to develop proactive compliance and dispute resolution methods. Our company believe this individually counseling is far more effective than an unwieldy team. We work with customers to help them prevent office issues, but where debate is inescapable, we have managed literally numerous jury trials, administrative trials and appeals before courts and administrative companies nationwide.
JMBM is recognized as a Go-To Law Practice® & reg; for the top 500 companies in the United States in the areas 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 work problems often involve high stakes and extreme time pressure, our attorneys are committed to providing employers the most immediate service possible. We respond quickly and without stop working, with uncomplicated suggestions from a knowledgeable lawyer who won't pass your issue off to another person. Issues like unwanted sexual advances and office violence need instant attention- and we supply it.
Employers in the middle of a disagreement over an organizing drive or an unfair labor practice problem count on our aggressive and timely action. Accountability and accessibility are our watchwords, and you get direct access to the person who can fix your problem or address your concern.
Among the strengths of our labor and group is the diversity of the companies we represent. Public and personal business in business sectors ranging from standard production to innovation, clothing to aerospace and from health care to monetary services all depend on JMBM labor legal representatives, regardless of the issue. Many customers have actually been with us 10 to 20 years-in numerous cases working with the exact same skilled attorney who intimately comprehends their business.
Our industry-specific prevention and readiness techniques can avoid or minimize pricey claims. We work carefully with senior executives and in-house counsel to craft customized, efficient employment policies - total with an emphasis on correctly training managers and HR personnel on legal rights and commitments. Our options work to make sure compliance with nationwide and state labor laws, decrease conflicts with workers, and maximize tactical benefit if lawsuits is required. We worry imaginative planning and aggressive advocacy for every client.
There are service sectors where we have special skill in dealing with employment matters. Many law practice count on us for counsel on problems involving staff and legal representatives, and we frequently advise broker-dealers on non-compete and disciplinary debates. Our attorneys likewise efficiently represent many healthcare and hospitality industry customers in collective bargaining and other labor and work issues.
Any secured class of employees-by age, race, gender, disability, religion-could bring fit against a company under the discrimination statues. We have effectively litigated 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 method to deal with any claim is to avoid it from being filed, and we provide clients effective guidance right from the start to deal with problems effectively and keep them from becoming suits. If litigation is needed, our attorneys investigate thoroughly and prepare a strong position that can negate complainant claims.
We offer strong defense in state and federal court, in administrative actions before the Federal Equal Employment Opportunity Commission and employment 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, retaliatory treatment and whistle blowing. We comprehend the necessity in such cases to show that an employer's actions appertained, and despite the prestige that is often involved, we have actually had substantial success at showing that employer conduct was legitimate and dealt with appropriately.
Whether your organization presently has third celebration representation or employment seeks to preserve a workplace without such involvement, our highly reliable labor relations counsel can be important to helping keep a competitive workplace while lessening disputes and maximizing management flexibility. Employers that deal with union organizing drives rely on our assistance to:
- Maintain a positive working environment with open interaction with all employees
- Comply with NLRB election laws
- Counter aggressive unionizing efforts without producing a "union-busting" debate
In unionized work environments, our firm is an extremely skilled and responsive partner that works along with business human resources and labor relations workers to:
- Participate in collective bargaining - including multi-union, multi-location talks
- React to grievance and arbitration actions
- Manage decreases in force, drug testing, discipline proceedings and strikes
- Provide representation in NLRB procedures
Responsiveness, determination and focus are what set our labor relations counsel apart from that of other law companies. We provide immediate action, round-the-clock accessibility in crisis circumstances and aggressive defense of all employers' rights.
We safeguard many companies against class action claims in which employees 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 uses to them.
JMBM labor legal representatives can help employers avoid category issues that cause lawsuits by:
- Auditing existing salary policy and pay practices
- Reviewing the language of composed work policies to ensure they comply with FLSA requirements for exempt and non-exempt employees
- Ensuring all exempt worker task descriptions include management and guidance
If you as an employer are confronted with a wage and hour claim, employment whether under federal law or California wage and hour statutes, we mount a vigorous and employment effective defense. Your JMBM lawyer will seek to deny class certification and work to protect an efficient and efficient settlement that dismisses unproven claims and protects your interests.
Disputes over non-compete contracts including trade tricks often pit employers versus each other - particularly in California, where the state's Unfair Competition Law (Section 17200) makes it particularly difficult to impose non-compete terms. We've handled lawsuits representing both staff members' previous and existing companies, and are proficient at protecting and resisting TROs and permanent injunctions to protect employer interests in either kind of case.