Labor & Employment
Jeffer Mangels Butler & Mitchell LLP is a company with a true labor practice - not just litigators who attempt work cases. On a comparative basis for a company our size, we have among the largest employment and labor groups in California. Each of our attorneys works carefully and personally with company clients to establish proactive compliance and conflict resolution methods. Our company believe this one-on-one counseling is even more efficient than an unwieldy group. We deal with customers to help them prevent work environment issues, however where controversy is unavoidable, we have managed literally hundreds of jury trials, administrative trials and appeals before courts and administrative firms across the country.
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 employment labor & employment law, as figured out by American Lawyer Media's (ALM) yearly study of internal counsel at FORTUNE 500® & reg; companies. Because labor and work problems typically include high stakes and extreme time pressure, our attorneys are dedicated to providing employers the most instant service possible. We respond quickly and without stop working, employment with uncomplicated recommendations from an experienced attorney who will not pass your issue off to another person. Issues like sexual harassment and work environment violence demand immediate attention- and we supply it.
Employers in the middle of a disagreement over an organizing drive or an unfair labor practice problem depend 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 address your question.
Among the strengths of our labor and employment group is the variety of the employers we represent. Public and private companies in service sectors varying from fundamental manufacturing to technology, garments to aerospace and from health care to monetary services all count on lawyers, no matter the issue. Many clients have been with us 10 to 20 years-in many cases working with the exact same knowledgeable attorney who intimately understands their company.
Our industry-specific avoidance and readiness methods can prevent or reduce costly claims. We work carefully with senior executives and in-house counsel to craft customized, effective employment policies - complete with an emphasis on correctly training supervisors and HR personnel on legal rights and responsibilities. Our solutions work to make sure compliance with nationwide and state labor laws, lessen disagreements with staff members, and optimize strategic benefit if lawsuits is essential. We worry imaginative planning and aggressive advocacy for every single client.
There are service sectors where we have unique skill in managing work matters. Many law office depend on us for counsel on problems involving staff and legal representatives, and we often advise broker-dealers on non-compete and disciplinary controversies. Our legal representatives likewise efficiently represent many health care and hospitality industry clients in cumulative bargaining and other labor and work concerns.
Any protected class of employees-by age, race, gender, special needs, religion-could bring fit against a company under the discrimination statues. We have actually effectively litigated and resolved 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 submitted, and we provide clients effective guidance right from the start to handle problems correctly and keep them from becoming claims. If litigation is required, 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 firms - 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, retaliatory treatment and whistle blowing. We understand the necessity in such cases to demonstrate that an employer's actions appertained, and despite the prestige that is often involved, we have actually had considerable success at revealing that employer conduct was genuine and handled correctly.
Whether your service presently has 3rd party representation or seeks to keep a workplace devoid of such involvement, our highly effective labor relations counsel can be important to assisting maintain a competitive work environment while minimizing disputes and optimizing management flexibility. Employers that face union organizing drives depend on our help to:
- Maintain a favorable workplace with open communication with all employees
- Adhere to NLRB election laws
- Counter aggressive unionizing efforts without developing a "union-busting" controversy
In unionized work environments, our company is an extremely skilled and responsive partner that works alongside business personnels and labor relations workers to:
- Participate in collective bargaining - consisting of multi-union, multi-location talks
- Respond to grievance and arbitration actions
- Manage decreases in force, drug screening, discipline procedures and strikes
- Provide representation in NLRB procedures
Responsiveness, decision and focus are what set our labor relations counsel apart from that of other law firms. We offer immediate reaction, round-the-clock accessibility in crisis circumstances and aggressive defense of all companies' rights.
We defend many employers versus class action lawsuits in which workers sue for back overtime pay-and millions of dollars in damages-claiming that under company policies the Fair Labor Standards Act (FLSA) overtime pay exemption no longer uses to them.
JMBM labor lawyers can help companies avoid category problems that result in suits by:
- Auditing existing wage policy and pay practices
- Reviewing the language of composed work policies to make sure they comply with FLSA requirements for exempt and non-exempt workers
- Making sure all exempt worker job descriptions include 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 reliable defense. Your JMBM attorney will seek to reject class accreditation and work to protect an efficient and effective settlement that dismisses unproven claims and safeguards your interests.
Disputes over non-compete arrangements including trade tricks typically pit companies against each other - especially in California, employment where the state's Unfair Competition Law (Section 17200) makes it particularly tough to impose non-compete terms. We've dealt with litigation representing both employees' former and present companies, and are experienced at securing and withstanding TROs and long-term injunctions to protect company interests in either type of case.