Labor & Employment
Jeffer Mangels Butler & Mitchell LLP is a firm with a true labor practice - not just litigators who try work cases. On a relative basis for a company our size, we have one of the biggest employment and labor groups in California. Each of our legal representatives works carefully and personally with employer customers to develop proactive compliance and dispute resolution techniques. Our company believe this individually counseling is even more effective than an unwieldy team. We work with customers to assist them prevent work environment issues, however where debate is unavoidable, we have dealt with literally numerous jury trials, administrative trials and appeals before courts and administrative firms nationwide.
JMBM is recognized as a Go-To Law Practice® & reg; for the top 500 business in the United States in the locations of labor lawsuits and labor & employment law, as figured out by American Lawyer Media's (ALM) annual survey of internal counsel at FORTUNE 500® & reg; companies. Because labor and employment problems often involve high stakes and intense time pressure, our attorneys are committed to providing companies the most immediate service possible. We react quickly and without fail, with simple suggestions from a knowledgeable legal representative who will not pass your issue off to somebody else. Issues like unwanted sexual advances and work environment violence demand instant attention- and we supply it.
Employers in the middle of a disagreement over an arranging drive or an unfair complaint rely on our aggressive and prompt action. Accountability and accessibility are our watchwords, and you get direct access to the person who can resolve your problem or answer your concern.
One of the strengths of our labor and employment group is the diversity of the companies we represent. Public and private companies in company sectors ranging from fundamental manufacturing to technology, clothing to aerospace and from healthcare to financial services all rely on JMBM labor attorneys, no matter the concern. Many clients have been with us 10 to 20 years-in many cases working with the exact same knowledgeable lawyer who intimately comprehends their service.
Our industry-specific prevention and readiness strategies can avoid or lessen costly claims. We work carefully with senior executives and internal counsel to craft personalized, effective work policies - total with a focus on appropriately training managers and HR personnel on legal rights and responsibilities. Our solutions work to ensure compliance with nationwide and state labor laws, minimize disagreements with employees, and maximize strategic advantage if litigation is necessary. We stress innovative planning and aggressive advocacy for every single customer.
There are organization sectors where we have special skill in managing work matters. Many law firms depend on us for counsel on concerns involving personnel and lawyers, and we often encourage broker-dealers on non-compete and disciplinary debates. Our lawyers likewise effectively represent many healthcare and hospitality market customers in cumulative bargaining and other labor and work issues.
Any protected class of employees-by age, race, gender, special needs, religion-could bring suit versus a company under the discrimination statues. We have actually successfully litigated and solved all kinds 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 avoid it from being submitted, and we offer clients reliable guidance right from the start to deal with complaints correctly and keep them from ending up being suits. If lawsuits is essential, our legal representatives examine thoroughly and prepare a strong position that can negate plaintiff claims.
We supply 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 concerns are claims for wrongful termination, retaliatory treatment and whistle blowing. We comprehend the need in such cases to demonstrate that a company's actions appertained, and despite the notoriety that is in some cases included, we have actually had significant success at showing that company conduct was genuine and handled appropriately.
Whether your service presently has 3rd celebration representation or looks for to preserve a workplace free of such involvement, our highly efficient labor relations counsel can be vital to assisting preserve a competitive work environment while decreasing disputes and optimizing management versatility. Employers that deal with union arranging drives depend on our help to:
- Maintain a positive working environment with open communication with all employees
- Comply with NLRB election laws
- Counter aggressive unionizing efforts without developing a "union-busting" debate
In unionized workplaces, our firm is a highly skilled and responsive partner that works alongside business human resources and labor relations personnel to:
- Take part in collective bargaining - including multi-union, multi-location talks
- Respond to complaint and arbitration actions
- Manage reductions in force, drug screening, discipline procedures and strikes
- Provide representation in NLRB proceedings
Responsiveness, determination and focus are what set our labor relations counsel apart from that of other law firms. We offer instant reaction, round-the-clock availability in crisis scenarios and aggressive defense of all employers' rights.
We defend many companies versus class action lawsuits in which workers 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 applies to them.
JMBM labor attorneys can help companies avoid category issues that cause lawsuits by:
- Auditing existing wage policy and pay practices
- Reviewing the language of written employment policies to ensure they comply with FLSA requirements for exempt and non-exempt staff members
- Making sure all exempt worker job descriptions include management and supervision
If you as a company are confronted with a wage and hour claim, employment whether under federal law or California wage and hour statutes, we mount a vigorous and effective defense. Your JMBM attorney will look for to reject class certification and work to secure an effective and effective settlement that dismisses unfounded claims and safeguards your interests.
Disputes over non-compete arrangements including trade tricks often pit employers against each other - particularly in California, where the state's Unfair Competition Law (Section 17200) makes it especially hard to implement non-compete terms. We've managed lawsuits representing both staff members' previous and current employers, and are experienced at securing and resisting TROs and permanent injunctions to secure employer interests in either kind of case.