Labor & Employment

Jeffer Mangels Butler & Mitchell LLP is a company with a real labor practice – not just litigators who attempt employment cases. On a comparative basis for a firm our size, we have one of the largest employment and labor groups in California. Each of our lawyers works carefully and personally with employer clients to establish proactive compliance and dispute resolution methods. We believe this individually therapy is far more effective than an unwieldy group. We deal with customers to help them avoid office issues, but where debate is inescapable, we have dealt with literally numerous jury trials, administrative trials and appeals before courts and administrative agencies across the country.

JMBM is acknowledged as a Go-To Law Office® & reg; for the top 500 companies in the United States in the locations of labor litigation and labor & employment law, as determined by American Lawyer Media’s (ALM) yearly study of in-house counsel at FORTUNE 500® & reg; companies. Because labor and work issues frequently involve high stakes and intense time pressure, employment our attorneys are devoted to providing employers the most immediate service possible. We respond without delay and without fail, with simple recommendations from an experienced legal representative who will not pass your problem off to somebody else. Issues like sexual harassment and workplace violence need immediate attention- and employment we supply it.

Employers in the middle of a dispute over an organizing drive or an unjust labor practice complaint depend 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.

One of the strengths of our labor and employment group is the variety of the companies we represent. Public and private companies in organization sectors varying from fundamental production to innovation, garments to aerospace and from healthcare to financial services all rely on JMBM labor lawyers, no matter the problem. Many customers have been with us 10 to 20 years-in numerous cases dealing with the exact same knowledgeable legal representative who intimately understands their organization.

Our industry-specific prevention and readiness methods can avoid or decrease pricey claims. We work carefully with senior executives and internal counsel to craft customized, efficient work policies – complete with an emphasis on correctly training supervisors and HR staff on legal rights and obligations. Our services work to ensure compliance with nationwide and state labor laws, reduce disputes with employees, and optimize strategic advantage if lawsuits is needed. We stress imaginative preparation and aggressive advocacy for each customer.

There are service sectors where we have special ability in managing employment matters. Many law companies count on us for counsel on concerns including staff and attorneys, and we often advise broker-dealers on non-compete and disciplinary controversies. Our attorneys also effectively represent numerous healthcare and hospitality market clients in collective bargaining and other labor and employment concerns.

Any safeguarded class of employees-by age, race, gender, employment disability, religion-could bring suit against an employer under the discrimination statues. We have effectively litigated and resolved 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 handle any claim is to prevent it from being filed, and we provide customers effective assistance right from the start to deal with complaints effectively and keep them from becoming lawsuits. If litigation is necessary, our lawyers examine completely 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 Job Opportunity Commission and before all the California state agencies – 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 comprehend the need in such cases to demonstrate that a company’s actions were correct, and despite the notoriety that is in some cases involved, we have had considerable success at showing that employer conduct was legitimate and managed appropriately.

Whether your company presently has 3rd party representation or looks for to preserve a work environment devoid of such participation, our extremely efficient labor relations counsel can be essential to helping preserve a competitive office while lessening disputes and maximizing management versatility. Employers that deal with union organizing drives rely on our assistance to:

– Maintain a favorable working environment with open interaction with all staff members

– Abide by laws

– Counter aggressive unionizing efforts without producing a “union-busting” controversy

In unionized offices, our firm is an extremely competent and responsive partner that works together with company personnels and labor relations workers to:

– Participate in cumulative bargaining – consisting of multi-union, multi-location talks

– React to complaint and arbitration actions

– Manage decreases in force, drug screening, discipline procedures and strikes

– Provide representation in NLRB proceedings

Responsiveness, employment decision and focus are what set our labor relations counsel apart from that of other law office. We provide immediate action, day-and-night accessibility in crisis scenarios and employment aggressive defense of all companies’ rights.

We safeguard numerous companies against class action suits in which staff members 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 applies to them.

JMBM labor legal representatives can help employers prevent classification issues that result in claims by:

– Auditing existing income policy and pay practices

– Reviewing the language of written work policies to make certain they adhere to FLSA requirements for exempt and non-exempt staff members

– Making certain all exempt employee task descriptions include management and supervision

If you as a company are confronted with a wage and hour suit, whether under federal law or California wage and hour statutes, we install an energetic and reliable defense. Your JMBM lawyer will seek to reject class certification and work to protect an effective and efficient settlement that dismisses unfounded claims and protects your interests.

Disputes over non-compete contracts including trade tricks typically pit employers against each other – particularly in California, where the state’s Unfair Competition Law (Section 17200) makes it especially challenging to enforce non-compete terms. We have actually handled litigation representing both workers’ former and current companies, employment and are knowledgeable at securing and resisting TROs and irreversible injunctions to safeguard company interests in either type of case.