Labor & Employment
Jeffer Mangels Butler & Mitchell LLP is a firm with a real labor practice - not just litigators who attempt work cases. On a comparative basis for a firm our size, we have one of the biggest employment and labor groups in California. Each of our attorneys works carefully and personally with company customers to develop proactive compliance and conflict resolution strategies. Our company believe this one-on-one therapy is much more effective than an unwieldy team. We work with clients to assist them prevent workplace issues, but where controversy is unavoidable, we have handled actually hundreds of jury trials, administrative trials and appeals before courts and administrative agencies nationwide.
JMBM is acknowledged as a Go-To Law Practice® & reg; for the top 500 business in the United States in the locations of labor employment litigation and labor & employment law, employment as figured out by American Lawyer Media's (ALM) yearly survey of in-house counsel at FORTUNE 500® & reg; companies. Because labor and employment problems typically involve high stakes and intense time pressure, our lawyers are committed to offering employers the most instant service possible. We respond promptly and without fail, with simple suggestions from an experienced attorney who will not pass your problem off to somebody else. Issues like sexual harassment and work environment violence need immediate attention- and we offer it.
Employers in the middle of a conflict over an organizing drive or an unreasonable labor practice complaint count on our aggressive and prompt action. Accountability and accessibility are our watchwords, and you get direct access to the individual who can solve your problem or answer your question.
Among the strengths of our labor and work group is the diversity of the companies we represent. Public and private companies in service 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 actually been with us 10 to 20 years-in numerous cases working with the same skilled lawyer who thoroughly comprehends their organization.
Our industry-specific avoidance and preparedness strategies can prevent or lessen pricey claims. We work carefully with senior executives and internal counsel to craft tailored, efficient employment policies - complete with an emphasis on effectively training supervisors and HR staff on legal rights and responsibilities. Our services work to make sure compliance with national and state labor laws, reduce disputes with staff members, and make the most of strategic advantage if litigation is needed. We stress innovative preparation and aggressive advocacy for every customer.
There are company sectors where we have special ability in handling employment matters. Many law companies count on us for counsel on concerns involving personnel and attorneys, and we typically advise broker-dealers on non-compete and disciplinary controversies. Our attorneys also efficiently represent lots of healthcare and hospitality market customers in collective bargaining and other labor and employment employment issues.
Any secured class of employees-by age, race, gender, disability, religion-could bring match against an employer under the discrimination statues. We have actually successfully litigated and dealt with all kinds 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 finest way to deal with any claim is to prevent it from being filed, and we provide customers reliable guidance right from the start to handle complaints appropriately and keep them from becoming lawsuits. If litigation is required, our legal representatives investigate thoroughly and a strong position that can negate plaintiff claims.
We supply strong defense in state and federal court, employment in administrative actions before the Federal Equal Job Opportunity Commission and before all the California state firms - 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 comprehend the necessity in such cases to show that a company's actions appertained, and employment despite the notoriety that is sometimes included, we have had significant success at revealing that employer conduct was legitimate and handled effectively.
Whether your business currently has 3rd party representation or looks for to keep a workplace devoid of such participation, our highly reliable labor relations counsel can be vital to helping maintain a competitive office while reducing disputes and employment making the most of management flexibility. Employers that deal with union arranging drives count on our help to:
- Maintain a favorable workplace with open interaction with all employees
- Comply with NLRB election laws
- Counter aggressive unionizing efforts without developing a "union-busting" controversy
In unionized offices, our firm is a highly experienced and responsive partner that works along with company human resources and labor relations personnel to:
- Take part in collective bargaining - including multi-union, multi-location talks
- React to grievance and arbitration actions
- Manage reductions in force, drug testing, discipline proceedings and 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 provide instant action, day-and-night availability in crisis circumstances and aggressive defense of all companies' rights.
We defend many companies against class action claims in which staff members take legal action against 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 attorneys can help companies avoid classification problems that result in lawsuits 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 workers
- Making sure all exempt worker job descriptions involve management and guidance
If you as an employer are confronted with a wage and hour suit, whether under federal law or California wage and hour statutes, we install an energetic and effective defense. Your JMBM attorney will look for to reject class accreditation and work to secure an effective and efficient settlement that dismisses unproven claims and protects your interests.
Disputes over non-compete arrangements involving trade secrets typically 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 have actually managed lawsuits representing both employees' former and current companies, and are proficient at protecting and resisting TROs and irreversible injunctions to safeguard employer interests in either kind of case.