Labor & Employment

Jeffer Mangels Butler & Mitchell LLP is a firm with a real labor practice – not simply litigators who try employment cases. On a relative basis for a firm our size, we have one of the largest work and labor groups in California. Each of our legal representatives works carefully and personally with employer clients to develop proactive compliance and dispute resolution strategies. Our company believe this one-on-one therapy is far 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 firms nationwide.

JMBM is acknowledged as a Go-To Law Office® & reg; for the leading 500 business in the United States in the locations of labor lawsuits and labor & work law, as identified by American Lawyer Media’s (ALM) annual study of internal counsel at FORTUNE 500® & reg; business. Because labor and employment issues frequently include high stakes and extreme time pressure, our lawyers are dedicated to giving employers the most immediate service possible. We respond immediately and without fail, with straightforward recommendations from a knowledgeable attorney who won’t pass your problem off to somebody else. Issues like unwanted sexual advances and office violence need immediate attention- and we provide it.

Employers in the middle of a conflict over an organizing drive or an unreasonable labor practice complaint count on our aggressive and timely action. Accountability and availability are our watchwords, and you get direct access to the individual who can fix your issue or answer your question.

One of the strengths of our labor and employment group is the variety of the employers we represent. Public and private companies in business sectors varying from standard manufacturing to innovation, clothing to aerospace and from healthcare to financial services all depend on JMBM labor legal representatives, employment regardless of the issue. Many clients have been with us 10 to 20 years-in many cases dealing with the exact same knowledgeable lawyer who totally understands their business.

Our industry-specific prevention and readiness strategies can avoid or lessen pricey claims. We work carefully with senior executives and in-house counsel to craft customized, efficient work policies – complete with a focus on correctly training managers and HR personnel on legal rights and commitments. Our solutions work to ensure compliance with nationwide and state labor laws, reduce conflicts with workers, and make the most of strategic benefit if lawsuits is necessary. We worry creative preparation and aggressive advocacy for each client.

There are company sectors where we have special skill in dealing with employment matters. Many law firms count on us for counsel on issues involving personnel and legal representatives, and employment we frequently recommend broker-dealers on non-compete and disciplinary debates. Our lawyers likewise efficiently represent lots of health care and hospitality market clients in collective bargaining and other labor and employment issues.

Any safeguarded class of employees-by age, race, gender, impairment, religion-could bring suit versus an employer under the discrimination statues. We have actually effectively litigated and fixed 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 very best way to handle any claim is to prevent it from being submitted, and we offer clients efficient assistance right from the start to handle complaints correctly and keep them from becoming lawsuits. If litigation is necessary, our legal representatives 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 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 problems are claims for wrongful termination, retaliatory treatment and whistle blowing. We understand the requirement in such cases to demonstrate that an employer’s actions were appropriate, and regardless of the prestige that is sometimes included, we have had substantial success at showing that employer conduct was genuine and managed effectively.

Whether your company presently has third celebration representation or seeks to keep a workplace devoid of such involvement, our highly reliable labor relations counsel can be crucial to assisting maintain a competitive office while minimizing disputes and taking full advantage of management flexibility. Employers that deal with union arranging drives depend on our aid to:

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

– Comply with NLRB election laws

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

In unionized workplaces, our company is a highly proficient and responsive partner that works along with business human resources and labor relations workers to:

in cumulative bargaining – including multi-union, multi-location talks

– React to complaint and arbitration actions

– Manage reductions in force, drug screening, employment discipline proceedings and strikes

– Provide representation in NLRB proceedings

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

We defend lots of companies versus class action claims in which staff members demand back overtime pay-and millions of 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 employers avoid category problems that cause lawsuits by:

– Auditing existing wage policy and pay practices

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

– Making certain all exempt worker 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 mount an energetic and efficient defense. Your JMBM legal representative will look for to deny class accreditation and work to secure an efficient and reliable settlement that dismisses unproven claims and protects your interests.

Disputes over non-compete arrangements involving trade secrets often pit companies versus each other – particularly in California, where the state’s Unfair Competition Law (Section 17200) makes it specifically difficult to enforce non-compete terms. We have actually handled lawsuits representing both workers’ former and present employers, and are competent at securing and withstanding TROs and long-term injunctions to secure company interests in either kind of case.