Labor & Employment

Jeffer Mangels Butler & Mitchell LLP is a company with a true labor practice — not simply litigators who attempt employment cases. On a relative basis for a firm our size, job we have among the largest employment and labor groups in California. Each of our lawyers works closely and personally with company customers to develop proactive compliance and dispute resolution methods. We believe this individually therapy is even more effective than an unwieldy team. We deal with customers to assist them avoid work environment issues, but where debate is inescapable, we have managed actually hundreds of 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 leading 500 business in the United States in the locations of labor litigation and job labor & work law, as figured out by American Lawyer Media’s (ALM) annual study of internal counsel at FORTUNE 500® & reg; business. Because labor and work problems frequently include high stakes and intense time pressure, our legal representatives are dedicated to giving companies the most instant service possible. We respond without delay and job without stop working, with uncomplicated recommendations from a knowledgeable legal representative who won’t pass your issue off to somebody else. Issues like sexual harassment and workplace violence need instant attention- and we provide it.

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

One of the strengths of our labor and work group is the variety of the companies we represent. Public and private companies in service sectors varying from standard manufacturing to innovation, garments to aerospace and from health care to monetary services all count on JMBM labor legal representatives, no matter the concern. Many clients have actually been with us 10 to 20 years-in lots of cases working with the very same knowledgeable legal representative who intimately understands their service.

Our industry-specific avoidance and readiness methods can avoid or lessen pricey claims. We work closely with senior executives and in-house counsel to craft customized, reliable employment policies — total with an emphasis on effectively training managers and HR personnel on legal rights and job commitments. Our options work to ensure compliance with national and state labor laws, reduce disagreements with workers, and optimize strategic advantage if litigation is essential. We stress innovative planning and for every single customer.

There are service sectors where we have special ability in dealing with employment matters. Many law office count on us for counsel on issues including staff and attorneys, and we typically advise broker-dealers on non-compete and disciplinary debates. Our attorneys also successfully represent many healthcare and hospitality industry customers in collective bargaining and other labor and employment issues.

Any safeguarded class of employees-by age, race, gender, special needs, religion-could bring suit against an employer under the discrimination statues. We have successfully litigated and solved all types 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 finest way to handle any claim is to avoid it from being submitted, and we offer clients efficient guidance right from the start to deal with grievances appropriately and keep them from becoming suits. If lawsuits is needed, our legal representatives investigate completely 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 agencies — 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, vindictive treatment and whistle blowing. We understand the requirement in such cases to show that a company’s actions were correct, and despite the prestige that is in some cases included, we have actually had significant success at showing that employer conduct was legitimate and managed properly.

Whether your service presently has 3rd party representation or looks for to maintain an office totally free of such participation, our extremely effective labor relations counsel can be vital to helping preserve a competitive work environment while lessening conflicts and taking full advantage of management flexibility. Employers that deal with union arranging drives rely on our aid to:

— Maintain a favorable working environment with open communication with all staff members

— Adhere to NLRB election laws

— Counter aggressive unionizing efforts without producing a «union-busting» controversy

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

— Participate in collective bargaining — including multi-union, multi-location talks

— Respond to complaint and job arbitration actions

— Manage reductions 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 practice. We offer immediate action, day-and-night schedule in crisis situations and aggressive defense of all employers’ rights.

We safeguard numerous companies against class action claims in which employees demand 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 applies to them.

JMBM labor attorneys can assist companies prevent category issues that cause lawsuits by:

— Auditing existing wage policy and pay practices

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

— Making certain all exempt employee job descriptions include management and guidance

If you as an employer are confronted with a wage and hour lawsuit, 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 protect an efficient and effective settlement that dismisses unproven claims and safeguards your interests.

Disputes over non-compete contracts involving trade secrets typically pit companies versus each other — particularly in California, job where the state’s Unfair Competition Law (Section 17200) makes it particularly tough to impose non-compete terms. We have actually managed lawsuits representing both employees’ former and existing companies, job and are experienced at protecting and withstanding TROs and long-term injunctions to safeguard company interests in either kind of case.