Labor & Employment
Jeffer Mangels Butler & Mitchell LLP is a company with a real labor practice - not simply litigators who try employment cases. On a relative basis for a firm our size, employment we have among the biggest work and labor groups in California. Each of our legal representatives works carefully and personally with company clients to develop proactive compliance and conflict resolution strategies. We believe this one-on-one counseling is far more effective than an unwieldy group. We work with customers to assist them prevent work environment problems, but where debate is inescapable, we have managed literally numerous jury trials, administrative trials and appeals before courts and administrative companies across the country.
JMBM is recognized as a Go-To Law Office® & reg; for the leading 500 business in the United States in the locations of labor lawsuits and labor & employment law, as determined by American Lawyer Media's (ALM) annual survey of internal counsel at FORTUNE 500® & reg; companies. Because labor and employment employment problems typically include high stakes and intense time pressure, our lawyers are dedicated to providing employers the most immediate service possible. We respond quickly and without stop working, with straightforward advice from a skilled legal representative who won't pass your problem off to someone else. Issues like unwanted sexual advances and office violence need immediate attention- and we offer it.
Employers in the middle of a conflict over an arranging drive or an unjust labor practice complaint rely on our aggressive and timely action. Accountability and accessibility are our watchwords, and you get direct access to the individual who can resolve your problem or address your question.
One of the strengths of our labor and work group is the variety of the companies we represent. Public and personal companies in service sectors ranging from basic production to technology, clothing to aerospace and from healthcare to monetary services all count on JMBM labor lawyers, no matter the issue. Many customers have actually been with us 10 to 20 years-in many cases working with the exact same skilled attorney who intimately comprehends their service.
Our industry-specific prevention and preparedness methods can avoid or reduce costly claims. We work carefully with senior executives and in-house counsel to craft personalized, efficient work policies - total with a focus on correctly training managers and HR staff on legal rights and obligations. Our solutions work to make sure compliance with national and employment state labor laws, decrease conflicts with staff members, and make the most of tactical benefit if litigation is required. We worry innovative planning and aggressive advocacy for every single customer.
There are service sectors where we have special ability in dealing with employment matters. Many law firms count on us for counsel on issues including personnel and legal representatives, and we often encourage broker-dealers on non-compete and disciplinary controversies. Our legal representatives also effectively represent numerous healthcare and hospitality market customers in cumulative bargaining and other labor and work issues.
Any secured class of employees-by age, race, gender, disability, religion-could bring match versus a company under the discrimination statues. We have successfully litigated and dealt with 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 method to deal with any claim is to prevent it from being submitted, and we offer customers effective assistance right from the start to manage complaints properly and keep them from ending up being suits. If litigation is essential, our attorneys examine 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 Job 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 a company's actions appertained, and regardless of the prestige that is in some cases involved, we have actually had considerable success at revealing that employer conduct was legitimate and handled correctly.
Whether your service currently has third party representation or looks for to maintain a workplace without such participation, our extremely reliable labor relations counsel can be important to assisting keep a competitive office while reducing conflicts and making the most of management flexibility. Employers that deal with union organizing drives count on our aid to:
- Maintain a positive workplace with open interaction with all employees
- Adhere to NLRB election laws
- Counter aggressive unionizing efforts without creating a "union-busting"
In unionized workplaces, our company is a highly skilled and responsive partner that works alongside company human resources and labor relations personnel to:
- Take part in cumulative bargaining - including multi-union, multi-location talks
- Respond to grievance and employment 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 practice. We provide immediate reaction, round-the-clock schedule in crisis scenarios and aggressive defense of all companies' rights.
We defend numerous companies against class action claims in which employees take legal action against for back overtime pay-and countless dollars in damages-claiming that under company policies the Fair Labor employment Standards Act (FLSA) overtime pay exemption no longer uses to them.
JMBM labor attorneys can assist employers avoid category issues that result in claims by:
- Auditing existing income policy and pay practices
- Reviewing the language of composed work policies to ensure they adhere to FLSA requirements for exempt and non-exempt workers
- Making certain all exempt worker task descriptions include management and guidance
If you as a company are confronted with a wage and hour lawsuit, whether under federal law or California wage and hour statutes, we mount an energetic and efficient defense. Your JMBM lawyer will seek to reject class accreditation and work to secure an efficient and reliable settlement that dismisses unproven claims and protects your interests.
Disputes over non-compete contracts including trade tricks frequently pit companies versus each other - especially in California, where the state's Unfair Competition Law (Section 17200) makes it particularly tough to impose non-compete terms. We've dealt with lawsuits representing both workers' previous and current employers, and are competent at protecting and withstanding TROs and long-term injunctions to protect company interests in either kind of case.