Labor & Employment
Jeffer Mangels Butler & Mitchell LLP is a company with a real labor practice - not simply litigators who attempt work cases. On a relative basis for a company our size, we have one of the biggest work and labor groups in California. Each of our attorneys works carefully and personally with company clients to develop proactive compliance and disagreement resolution strategies. Our company believe this individually counseling is far more efficient than an unwieldy team. We work with clients to help them avoid office issues, however where controversy is unavoidable, we have managed actually hundreds of jury trials, administrative trials and appeals before courts and administrative companies nationwide.
JMBM is acknowledged as a Go-To Law Firm® & reg; for the top 500 companies in the United States in the locations of labor lawsuits and labor & work law, as figured out by American Lawyer Media's (ALM) annual survey of internal counsel at FORTUNE 500® & reg; business. Because labor and work problems typically include high stakes and intense time pressure, our legal representatives are committed to providing employers the most instant service possible. We respond quickly and without fail, with uncomplicated suggestions from an experienced attorney who won't pass your problem off to somebody else. Issues like unwanted sexual advances and work environment violence need instant attention- and we supply it.
Employers in the middle of a conflict over an organizing drive or an unreasonable labor practice grievance depend on our aggressive and employment timely action. Accountability and availability are our watchwords, and you get direct access to the person who can fix your problem or address your question.
One of the strengths of our labor and work group is the diversity of the companies we represent. Public and personal business in organization sectors ranging from fundamental production to technology, apparel to aerospace and from healthcare to financial services all count on JMBM labor lawyers, regardless of the problem. Many clients have actually been with us 10 to 20 years-in numerous cases dealing with the same skilled lawyer who totally understands their service.
Our industry-specific prevention and readiness methods can avoid or reduce costly claims. We work carefully with senior executives and internal counsel to craft customized, effective work policies - total with a focus on effectively training managers and HR staff on legal rights and responsibilities. Our options work to make sure compliance with national and state labor laws, decrease conflicts with employees, and make the most of tactical benefit if litigation is essential. We stress imaginative planning and aggressive advocacy for every single client.
There are organization sectors where we have special ability in managing employment matters. Many law practice count on us for counsel on concerns including staff and legal representatives, and we frequently encourage broker-dealers on non-compete and disciplinary debates. Our lawyers likewise successfully represent lots of health care and hospitality market customers in collective bargaining and other labor and employment issues.
Any safeguarded class of employees-by age, race, gender, disability, religion-could bring match versus an employer under the discrimination statues. We have effectively litigated and resolved 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 best method to handle any claim is to avoid it from being submitted, and we offer customers reliable guidance right from the start to manage grievances properly and keep them from ending up being claims. If litigation is essential, our attorneys examine thoroughly and prepare a strong position that can negate complainant claims.
We provide 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 concerns are claims for wrongful termination, vindictive treatment and whistle blowing. We understand the necessity in such cases to show that an employer's actions were proper, and regardless of the notoriety that is in some cases involved, we have had substantial success at showing that employer conduct was genuine and managed effectively.
Whether your service presently has 3rd celebration representation or seeks to preserve a workplace free of such involvement, our highly efficient labor relations counsel can be vital to helping preserve a competitive work environment while decreasing conflicts and taking full advantage of management flexibility. Employers that face union organizing drives count on our assistance to:
- Maintain a favorable workplace with open interaction with all employees
- Abide by NLRB election laws
- Counter aggressive unionizing efforts without creating a "union-busting" debate
In unionized offices, our company is a highly proficient and responsive partner that works together with company personnels and labor relations personnel to:
- Engage in cumulative bargaining - including multi-union, multi-location talks
- React to grievance and arbitration actions
- Manage reductions in force, drug testing, discipline procedures and employment strikes
- Provide representation in NLRB proceedings
Responsiveness, decision and focus are what set our labor relations counsel apart from that of other law office. We use immediate response, round-the-clock availability in crisis scenarios and defense of all employers' rights.
We protect lots of employers against class action suits in which employees sue for back overtime pay-and countless dollars in damages-claiming that under company policies the Fair Labor Standards Act (FLSA) overtime pay exemption no longer uses to them.
JMBM labor legal representatives can help companies avoid category issues that result in claims by:
- Auditing existing income policy and pay practices
- Reviewing the language of written employment policies to make certain they adhere to FLSA requirements for exempt and non-exempt workers
- Ensuring all exempt worker job descriptions involve management and guidance
If you as an employer are faced with a wage and hour claim, whether under federal law or California wage and hour statutes, we install a vigorous and efficient defense. Your JMBM attorney will seek to reject class certification and work to secure an efficient and reliable settlement that dismisses unproven claims and safeguards your interests.
Disputes over non-compete contracts including trade secrets often pit companies against each other - particularly in California, where the state's Unfair Competition Law (Section 17200) makes it particularly tough to implement non-compete terms. We've dealt with lawsuits representing both workers' previous and current companies, and are experienced at securing and withstanding TROs and permanent injunctions to secure employer interests in either type of case.