Labor & Employment
Jeffer Mangels Butler & Mitchell LLP is a firm with a true labor practice - not simply litigators who try work cases. On a comparative basis for a firm our size, we have among the largest work and labor groups in California. Each of our lawyers works carefully and personally with company clients to establish proactive compliance and conflict resolution methods. We think this one-on-one counseling is far more efficient than an unwieldy team. We work with clients to assist them prevent office issues, however where debate is unavoidable, employment we have actually handled 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 business in the United States in the areas of labor lawsuits and labor & employment law, as determined by American Lawyer Media's (ALM) annual study of in-house counsel at FORTUNE 500® & reg; business. Because labor and work issues typically include high stakes and extreme time pressure, our lawyers are devoted to offering companies the most immediate service possible. We react immediately and without stop working, with straightforward recommendations from a skilled lawyer who won't pass your issue off to another person. Issues like sexual harassment and work environment violence demand immediate attention- and we offer it.
Employers in the middle of a conflict over an organizing drive or an unjust labor practice grievance depend on our aggressive and prompt action. Accountability and ease of access are our watchwords, and you get direct access to the person who can fix your issue or answer your question.
One of the strengths of our labor and employment group is the variety of the employers we represent. Public and private business in service sectors varying from basic production to technology, clothing to aerospace and from healthcare to financial services all depend on JMBM labor legal representatives, no matter the concern. Many clients have actually been with us 10 to 20 years-in lots of cases working with the very same skilled attorney who thoroughly comprehends their company.
Our industry-specific avoidance and readiness methods can avoid or reduce pricey claims. We work closely with senior executives and internal counsel to craft personalized, efficient employment policies - total with a focus on effectively training managers and HR staff on legal rights and responsibilities. Our solutions work to make sure compliance with nationwide and state labor laws, lessen conflicts with workers, and optimize tactical advantage if lawsuits is required. We stress imaginative planning and aggressive advocacy for every single customer.
There are service sectors where we have unique skill in handling work matters. Many law companies count on us for counsel on issues involving staff and attorneys, and we typically recommend broker-dealers on non-compete and disciplinary controversies. Our attorneys likewise effectively represent many healthcare and hospitality market customers in cumulative bargaining and other labor and employment issues.
Any safeguarded class of employees-by age, race, gender, disability, religion-could bring suit against a company under the discrimination statues. We have actually successfully 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 very best way to handle any claim is to prevent it from being filed, and we offer customers effective assistance right from the start to deal with grievances properly and keep them from becoming suits. If lawsuits is needed, our attorneys examine thoroughly and prepare a strong position that can negate complainant 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 problems are claims for wrongful termination, vindictive treatment and whistle blowing. We comprehend the need in such cases to show that an employer's actions were proper, and regardless of the prestige that is sometimes included, we have had considerable success at showing that company conduct was genuine and handled correctly.
Whether your service presently has 3rd party representation or looks for to preserve a work environment without such involvement, our extremely efficient labor relations counsel can be crucial to helping preserve a competitive workplace while lessening conflicts and optimizing management flexibility. Employers that face union arranging drives rely on our assistance to:
- Maintain a favorable working environment with open interaction with all staff members
- Comply with NLRB election laws
- Counter aggressive unionizing efforts without producing a "union-busting" controversy
In unionized work environments, our company is a highly knowledgeable and responsive partner that works alongside company personnels and labor relations personnel to:
- Take part in collective bargaining - consisting of multi-union, multi-location talks
- Respond to grievance and arbitration actions
- Manage decreases in force, drug screening, 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 office. We provide instant reaction, day-and-night accessibility in crisis situations and aggressive defense of all employers' rights.
We protect lots of companies against class action claims in which workers take legal action against for back overtime pay-and countless dollars in damages-claiming that under business policies the Fair Labor Standards Act (FLSA) overtime pay exemption no longer applies to them.
JMBM labor lawyers can assist companies avoid category issues that cause lawsuits by:
- Auditing existing wage policy and pay practices
- Reviewing the language of written employment policies to ensure they comply with 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 suit, whether under federal law or California wage and hour statutes, we mount an energetic and effective defense. Your JMBM legal representative will seek to reject class certification and work to secure an effective and efficient settlement that dismisses unproven claims and protects your interests.
Disputes over non-compete agreements involving trade secrets typically pit companies versus each other - especially in California, where the state's Unfair Competition Law (Section 17200) makes it especially hard to impose non-compete terms. We have actually handled litigation representing both employees' previous and existing employers, and are skilled at protecting and resisting TROs and irreversible injunctions to safeguard company interests in either type of case.