Labor Employment

Jeffer Mangels Butler & Mitchell LLP is a company with a real labor practice - not just litigators who attempt employment cases. On a comparative basis for a company our size, we have among the biggest work and employment labor groups in California. Each of our legal representatives works carefully and personally with employer customers to establish proactive compliance and dispute resolution strategies. We believe this individually counseling is much more efficient than an unwieldy group. We deal with customers to help them avoid work environment problems, however where debate is unavoidable, we have actually handled literally numerous jury trials, administrative trials and appeals before courts and employment administrative firms across the country.


JMBM is acknowledged as a Go-To Law Firm® & reg; for the top 500 business in the United States in the locations of labor litigation and labor & work law, as figured out by American Lawyer Media's (ALM) annual survey of in-house counsel at FORTUNE 500® & reg; business. Because labor and employment issues typically include high stakes and intense time pressure, our lawyers are devoted to offering companies the most instant service possible. We respond promptly and without fail, with uncomplicated suggestions from a skilled attorney who won't pass your issue off to somebody else. Issues like sexual harassment and work environment violence demand immediate attention- and we supply it.


Employers in the middle of a disagreement over an arranging drive or an unjust labor practice complaint count on our aggressive and timely action. Accountability and accessibility are our watchwords, and you get direct access to the individual who can solve your problem or answer your question.


One of the strengths of our labor and work group is the variety of the companies we represent. Public and private companies in organization sectors varying from basic manufacturing to technology, clothing to aerospace and from health care to financial services all depend on JMBM labor lawyers, despite the concern. Many customers have actually been with us 10 to 20 years-in numerous cases working with the exact same skilled lawyer who intimately understands their organization.


Our industry-specific prevention and readiness techniques can avoid or decrease pricey claims. We work closely with senior executives and internal counsel to craft tailored, effective employment policies - total with an emphasis on correctly training supervisors and employment HR staff on legal rights and responsibilities. Our options work to make sure compliance with nationwide and state labor laws, lessen disputes with employees, and maximize strategic benefit if litigation is required. We stress creative preparation and aggressive advocacy for each client.


There are organization sectors where we have unique ability in handling work matters. Many law firms rely on us for counsel on problems including staff and lawyers, and we frequently recommend broker-dealers on non-compete and disciplinary debates. Our lawyers also effectively represent many health care and hospitality industry clients in collective bargaining and other labor and work issues.


Any protected class of employees-by age, race, gender, impairment, religion-could bring match versus a company under the discrimination statues. We have effectively prosecuted 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 handle any claim is to avoid it from being submitted, and we give customers reliable guidance right from the start to handle grievances correctly and keep them from becoming suits. If lawsuits is essential, our attorneys investigate thoroughly and prepare a strong position that can negate plaintiff 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 issues are claims for wrongful termination, vindictive treatment and whistle blowing. We comprehend the necessity in such cases to demonstrate that an employer's actions were appropriate, and in spite of the prestige that is often included, we have had considerable success at revealing that company conduct was genuine and dealt with appropriately.


Whether your organization presently has 3rd party representation or seeks to keep a workplace devoid of such participation, our highly efficient labor relations counsel can be important to assisting keep a competitive office while minimizing conflicts and employment taking full advantage of management versatility. Employers that face union organizing drives rely on our assistance to:


- Maintain a positive workplace with open communication with all staff members

- Comply with NLRB election laws

- Counter aggressive unionizing efforts without creating a "union-busting" controversy


In unionized work environments, our firm is an extremely knowledgeable and responsive partner that works along with company personnels and labor relations personnel to:


- Take part in cumulative bargaining - consisting of multi-union, multi-location talks

- Respond to and arbitration actions

- Manage decreases in force, drug testing, discipline procedures and strikes

- Provide representation in NLRB proceedings


Responsiveness, determination and focus are what set our labor relations counsel apart from that of other law practice. We use immediate reaction, round-the-clock availability in crisis situations and aggressive defense of all companies' rights.


We defend lots of companies against class action lawsuits in which employees demand back overtime pay-and millions of dollars in damages-claiming that under business policies the Fair Labor Standards Act (FLSA) overtime pay exemption no longer applies to them.


JMBM labor legal representatives can assist employers avoid category issues that lead to claims by:


- Auditing existing income 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 task descriptions involve management and supervision


If you as an employer are confronted with a wage and hour claim, whether under federal law or California wage and hour statutes, we mount a vigorous and reliable defense. Your JMBM attorney will look for to reject class certification and work to secure an efficient and effective settlement that dismisses unfounded claims and secures your interests.


Disputes over non-compete agreements involving trade secrets often pit employers against each other - particularly in California, where the state's Unfair Competition Law (Section 17200) makes it particularly hard to enforce non-compete terms. We've dealt with lawsuits representing both workers' previous and present employers, and are knowledgeable at protecting and resisting TROs and irreversible injunctions to protect company interests in either type of case.