Labor Employment

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Jeffer Mangels Butler & Mitchell LLP is a firm with a true labor practice - not simply litigators who try employment cases. On a relative basis for a firm our size, we have one of the biggest employment and labor job groups in California. Each of our lawyers works closely and personally with employer clients to establish proactive compliance and conflict resolution methods. Our company believe this individually therapy is much more efficient than an unwieldy group. We deal with clients to assist them avoid office issues, but where controversy is unavoidable, we have dealt with actually hundreds of jury trials, administrative trials and appeals before courts and administrative firms nationwide.


JMBM is recognized as a Go-To Law Firm® & reg; for the leading 500 business in the United States in the locations of labor litigation 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 typically include high stakes and extreme time pressure, our legal representatives are dedicated to offering companies the most instant service possible. We react without delay and without stop working, with straightforward recommendations from a skilled lawyer who will not pass your problem off to another person. Issues like unwanted sexual advances and work environment violence demand instant attention- and we provide it.


Employers in the middle of a dispute over an organizing drive or an unreasonable labor practice problem depend on our aggressive and timely action. Accountability and availability are our watchwords, and you get direct access to the person who can resolve your issue or answer your question.


Among the strengths of our labor and work group is the diversity of the companies we represent. Public and personal business in company sectors varying from basic manufacturing to technology, apparel to aerospace and from healthcare to financial services all rely on JMBM labor attorneys, despite the concern. Many clients have been with us 10 to 20 years-in many cases dealing with the same experienced attorney who totally comprehends their organization.


Our industry-specific avoidance and preparedness methods can avoid or lessen costly claims. We work closely with senior executives and in-house counsel to craft tailored, reliable employment policies - total with an emphasis on properly training supervisors and HR personnel on legal rights and responsibilities. Our solutions work to make sure compliance with national and state labor laws, lessen disputes with employees, and make the most of tactical benefit if litigation is needed. We stress innovative preparation and aggressive advocacy for each customer.


There are company sectors where we have special skill in handling work matters. Many law office rely on us for counsel on concerns involving staff and legal representatives, and we typically encourage broker-dealers on non-compete and disciplinary debates. Our legal representatives likewise effectively represent many healthcare and hospitality industry customers in cumulative bargaining and other labor and employment concerns.


Any protected class of employees-by age, race, gender, impairment, religion-could bring fit against an employer under the discrimination statues. We have effectively prosecuted and dealt with 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 best method to deal with any claim is to avoid it from being submitted, and we offer customers reliable guidance right from the start to manage complaints properly and keep them from becoming lawsuits. If lawsuits is needed, our lawyers investigate completely and prepare a strong position that can negate plaintiff claims.


We offer strong defense in state and federal court, in administrative actions before the Federal Equal Employment Opportunity Commission and before all the California state companies - 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 comprehend the necessity in such cases to demonstrate that an employer's actions were proper, and in spite of the notoriety that is often included, job we have had substantial success at revealing that employer conduct was genuine and dealt with effectively.


Whether your business currently has 3rd party representation or looks for to keep a work environment without such participation, our highly efficient labor relations counsel can be crucial to assisting preserve a competitive office while decreasing disputes and optimizing management versatility. Employers that face union organizing drives rely on our assistance to:


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

- Adhere to NLRB election laws

- Counter aggressive unionizing efforts without developing a "union-busting" controversy


In unionized workplaces, our company is an extremely skilled and responsive partner that works alongside company personnels and labor relations personnel to:


- Engage in cumulative bargaining - consisting of multi-union, multi-location talks

- React to complaint and arbitration actions

- Manage reductions in force, drug screening, discipline proceedings and strikes

- Provide representation in NLRB procedures


Responsiveness, determination and focus are what set our labor relations counsel apart from that of other law office. We offer instant response, day-and-night schedule in crisis situations and aggressive defense of all employers' rights.


We defend many employers versus class action claims in which employees 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 attorneys can help employers prevent category problems that lead to claims by:


- Auditing existing wage policy and pay practices

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

- Making sure all exempt employee job descriptions involve management and supervision


If you as a company are faced with a wage and hour lawsuit, whether under federal law or California wage and hour statutes, we mount an energetic and reliable defense. Your JMBM attorney will seek to deny class certification and work to protect an effective and efficient settlement that dismisses unproven claims and protects your interests.


Disputes over non-compete contracts including trade pit employers against each other - especially in California, where the state's Unfair Competition Law (Section 17200) makes it particularly difficult to enforce non-compete terms. We have actually handled lawsuits representing both staff members' previous and existing companies, and are skilled at securing and withstanding TROs and irreversible injunctions to safeguard employer interests in either type of case.

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