Labor Employment

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Jeffer Mangels Butler & Mitchell LLP is a company with a real labor practice - not simply litigators who attempt employment cases. On a relative basis for a company our size, we have one of the largest employment and labor groups in California. Each of our lawyers works carefully and personally with employer clients to develop proactive compliance and disagreement resolution methods. We think this individually therapy is far more effective than an unwieldy group. We deal with clients to help them avoid workplace issues, however where controversy is unavoidable, we have managed actually numerous jury trials, administrative trials and appeals before courts and administrative companies nationwide.


JMBM is acknowledged as a Go-To Law Office® & reg; for the top 500 business in the United States in the locations of labor litigation and labor & work law, as figured out by American Lawyer Media's (ALM) annual survey of internal counsel at FORTUNE 500® & reg; companies. Because labor employment and employment problems often include high stakes and extreme time pressure, our lawyers are dedicated to offering employers the most immediate service possible. We react immediately and without fail, with simple recommendations from a skilled attorney who won't pass your issue off to somebody else. Issues like sexual harassment and workplace violence need immediate attention- and we offer it.


Employers in the middle of a dispute over an arranging drive or an unjust labor practice complaint rely on our aggressive and timely action. Accountability and ease of access are our watchwords, and you get direct access to the individual who can solve your issue or address your concern.


One of the strengths of our labor and employment group is the variety of the employers we represent. Public and personal companies in company sectors varying from standard manufacturing to technology, clothing to aerospace and from healthcare to financial services all count on JMBM labor legal representatives, no matter the issue. Many customers have been with us 10 to 20 years-in many cases working with the same knowledgeable lawyer who intimately understands their organization.


Our industry-specific prevention and preparedness methods can avoid or reduce expensive claims. We work carefully with senior executives and internal counsel to craft customized, reliable work policies - total with a focus on correctly training managers and HR staff on legal rights and obligations. Our solutions work to guarantee compliance with national and state labor laws, reduce disagreements with staff members, and make the most of tactical advantage if lawsuits is essential. We worry imaginative preparation and aggressive advocacy for every customer.


There are business sectors where we have special skill in dealing with work matters. Many law companies count on us for counsel on issues including staff and attorneys, and we typically encourage broker-dealers on non-compete and disciplinary debates. Our legal representatives likewise effectively represent numerous health care and hospitality market customers in cumulative bargaining and other labor and employment concerns.


Any secured class of employees-by age, race, gender, special needs, religion-could bring fit against an employer under the discrimination statues. We have actually successfully litigated and fixed 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 very best way to manage any claim is to avoid it from being submitted, and we give clients effective guidance right from the start to deal with complaints properly and keep them from becoming suits. If lawsuits is required, employment our legal representatives investigate completely and prepare a strong position that can negate complainant claims.


We provide strong defense in state and federal court, employment 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 concerns are claims for wrongful termination, vindictive treatment and whistle blowing. We understand the need in such cases to demonstrate that an employer's actions were correct, and regardless of the notoriety that is sometimes involved, we have had considerable success at revealing that employer conduct was genuine and dealt with properly.


Whether your company currently has 3rd party representation or seeks to maintain an office devoid of such participation, our highly efficient labor relations counsel can be vital to assisting maintain a competitive office while lessening disputes and maximizing management versatility. Employers that deal with union organizing drives depend on our help to:


- Maintain a positive workplace with open interaction with all staff members

- Abide by NLRB election laws

- Counter aggressive unionizing efforts without producing a "union-busting" debate


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


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

- React to and 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 office. We provide immediate response, day-and-night accessibility in crisis situations and aggressive defense of all companies' rights.


We protect lots of companies versus class action lawsuits in which staff members take legal action against 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 employers prevent classification issues that cause claims by:


- Auditing existing wage policy and pay practices

- Reviewing the language of composed employment policies to make certain they conform to FLSA requirements for exempt and non-exempt staff members

- Making certain all exempt employee task 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 an energetic and effective defense. Your JMBM attorney will seek to reject class accreditation and work to secure an effective and efficient settlement that dismisses unfounded claims and safeguards your interests.


Disputes over non-compete arrangements involving trade tricks frequently pit companies against each other - especially in California, where the state's Unfair Competition Law (Section 17200) makes it specifically challenging to enforce non-compete terms. We have actually managed litigation representing both workers' previous and present employers, and are competent at protecting and resisting TROs and irreversible injunctions to safeguard company interests in either type of case.

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