Labor & Employment

Jeffer Mangels Butler & Mitchell LLP is a firm with a real labor practice – not simply litigators who work cases. On a comparative basis for a firm our size, we have among the largest employment and labor groups in California. Each of our attorneys works carefully and personally with employer customers to develop proactive compliance and disagreement resolution strategies. We think this individually counseling is much more efficient than an unwieldy group. We work with customers to help them prevent office issues, however where controversy is unavoidable, we have actually dealt with literally hundreds of jury trials, administrative trials and appeals before courts and administrative companies nationwide.

JMBM is recognized as a Go-To Law Office® & reg; for the leading 500 companies in the United States in the areas of labor job lawsuits and labor & work law, as determined by American Lawyer Media’s (ALM) yearly study of in-house counsel at FORTUNE 500® & reg; companies. Because labor and employment issues often involve high stakes and intense time pressure, our attorneys are devoted to giving employers the most instant service possible. We respond promptly and without fail, with straightforward suggestions from a skilled legal representative who won’t pass your problem off to another person. Issues like sexual harassment and office violence demand immediate attention- and we supply it.

Employers in the middle of a conflict over an arranging drive or an unfair labor practice grievance rely on our aggressive and prompt action. Accountability and accessibility are our watchwords, and you get direct access to the individual who can fix your problem or address your concern.

Among the strengths of our labor and job work group is the diversity of the employers we represent. Public and private companies in organization sectors varying from standard production to innovation, garments to aerospace and from healthcare to monetary services all rely on JMBM labor attorneys, regardless of the problem. Many clients have been with us 10 to 20 years-in many cases working with the exact same knowledgeable attorney who totally understands their business.

Our industry-specific avoidance and preparedness methods can prevent or lessen pricey claims. We work closely with senior executives and internal counsel to craft personalized, job efficient work policies – complete with a focus on effectively training supervisors and HR staff on legal rights and commitments. Our solutions work to ensure compliance with nationwide and state labor laws, decrease conflicts with staff members, and optimize tactical benefit if litigation is needed. We stress creative preparation and aggressive advocacy for every single customer.

There are service sectors where we have special ability in handling work matters. Many law practice rely on us for counsel on problems including staff and lawyers, and we frequently advise broker-dealers on non-compete and disciplinary controversies. Our attorneys likewise efficiently represent many health care and job hospitality industry customers in cumulative bargaining and other labor and work concerns.

Any protected class of employees-by age, race, gender, special needs, religion-could bring match versus an employer under the discrimination statues. We have actually effectively 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 very best way to handle any claim is to avoid it from being filed, and we offer customers effective assistance right from the start to manage grievances correctly and keep them from ending up being lawsuits. If lawsuits is required, our lawyers examine thoroughly and prepare a strong position that can negate complainant claims.

We supply strong defense in state and federal court, in administrative actions before the Federal Equal Employment 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 show that an employer’s actions were appropriate, and regardless of the prestige that is often involved, we have actually had substantial success at revealing that company conduct was legitimate and managed correctly.

Whether your company presently has 3rd party representation or looks for to keep a work environment free of such participation, our highly efficient labor relations counsel can be important to assisting keep a competitive office while decreasing conflicts and making the most of management versatility. Employers that deal with union organizing drives depend on our aid to:

– Maintain a positive working environment with open communication with all workers

– Comply with NLRB election laws

– Counter aggressive unionizing efforts without producing a “union-busting” debate

In unionized offices, our company is a highly knowledgeable and responsive partner that works together with company personnels and labor relations workers to:

– Engage in collective bargaining – including multi-union, multi-location talks

– Respond to grievance and arbitration actions

– Manage reductions in force, drug testing, discipline procedures and strikes

– Provide representation in NLRB procedures

Responsiveness, determination and focus are what set our labor relations counsel apart from that of other law firms. We provide instant response, round-the-clock schedule in crisis scenarios and aggressive defense of all companies’ rights.

We safeguard many employers versus class action lawsuits in which workers demand back overtime pay-and countless dollars in damages-claiming that under company policies the Fair Labor Standards Act (FLSA) overtime pay exemption no longer applies to them.

JMBM labor legal representatives can assist employers avoid classification issues that cause suits by:

– Auditing existing salary policy and pay practices

– Reviewing the language of composed employment policies to ensure they adhere to FLSA requirements for exempt and non-exempt staff members

– Ensuring all exempt employee job descriptions include management and supervision

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

Disputes over non-compete contracts involving trade secrets typically pit employers against each other – particularly in California, where the state’s Unfair Competition Law (Section 17200) makes it specifically challenging to impose non-compete terms. We’ve handled litigation representing both workers’ former and present companies, and are skilled at securing and resisting TROs and irreversible injunctions to protect employer interests in either type of case.