Labor & Employment
Jeffer Mangels Butler & Mitchell LLP is a firm with a true labor practice - not simply litigators who try employment cases. On a comparative basis for a company our size, we have among the largest employment and labor groups in California. Each of our lawyers works closely and personally with company customers to establish proactive compliance and dispute resolution strategies. We think this one-on-one therapy is much more effective than an unwieldy team. We work with customers to help them avoid office issues, however where debate is unavoidable, we have actually handled literally hundreds of jury trials, administrative trials and appeals before courts and administrative companies across the country.
JMBM is recognized as a Go-To Law Office
Employers in the middle of a conflict over an organizing drive or an unfair labor practice grievance rely on our aggressive and timely action. Accountability and accessibility are our watchwords, and you get direct access to the person who can resolve your issue or address your question.
Among the strengths of our labor and employment group is the diversity of the employers we represent. Public and personal business in business sectors ranging from basic manufacturing to technology, clothing to aerospace and from health care to monetary services all depend on JMBM labor legal representatives, despite the concern. Many customers have been with us 10 to 20 years-in lots of cases dealing with the same knowledgeable attorney who intimately understands their service.
Our industry-specific prevention and preparedness techniques can prevent or lessen costly claims. We work carefully with senior executives and in-house counsel to craft customized, effective work policies - total with an emphasis on appropriately training managers and HR staff on legal rights and responsibilities. Our options work to make sure compliance with national and state labor laws, minimize disputes with workers, and make the most of strategic advantage if lawsuits is needed. We worry creative preparation and aggressive advocacy for each customer.
There are business sectors where we have special ability in managing employment matters. Many law companies depend on us for counsel on concerns involving personnel and legal representatives, and we often advise broker-dealers on non-compete and disciplinary controversies. Our lawyers likewise successfully represent numerous healthcare and hospitality market clients in collective bargaining and other labor and work concerns.
Any secured class of employees-by age, race, gender, impairment, religion-could bring suit against a company under the discrimination statues. We have successfully litigated and resolved 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 avoid it from being filed, and we offer clients reliable assistance right from the start to manage complaints properly and keep them from becoming lawsuits. If lawsuits is needed, our attorneys investigate thoroughly and prepare a strong position that can claims.
We provide 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 problems are claims for wrongful termination, retaliatory treatment and whistle blowing. We comprehend the requirement in such cases to show that a company's actions appertained, and despite the notoriety that is in some cases included, we have actually had substantial success at showing that company conduct was legitimate and handled appropriately.
Whether your business currently has 3rd party representation or looks for to preserve a workplace devoid of such participation, our highly effective labor relations counsel can be vital to assisting keep a competitive work environment while reducing conflicts and taking full advantage of management versatility. Employers that face union organizing drives depend on our assistance to:
- Maintain a positive workplace with open interaction with all workers
- Abide by NLRB election laws
- Counter aggressive unionizing efforts without developing a "union-busting" debate
In unionized offices, our firm is a highly skilled and responsive partner that works alongside company personnels and labor relations workers to:
- Engage in cumulative bargaining - including multi-union, multi-location talks
- Respond to complaint and arbitration actions
- Manage decreases in force, drug screening, 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 firms. We provide immediate reaction, round-the-clock availability in crisis situations and aggressive defense of all companies' rights.
We protect lots of companies versus class action lawsuits in which staff members 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 help companies prevent category problems that cause lawsuits by:
- Auditing existing salary policy and pay practices
- Reviewing the language of written employment policies to make sure they comply with FLSA requirements for exempt and non-exempt employees
- Making certain all exempt worker task descriptions involve 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 legal representative will look for to reject class accreditation and work to secure an efficient and effective settlement that dismisses unproven claims and protects your interests.
Disputes over non-compete arrangements including trade secrets typically pit employers against each other - particularly in California, where the state's Unfair Competition Law (Section 17200) makes it especially challenging to implement non-compete terms. We have actually handled litigation representing both workers' former and present employers, and are proficient at protecting and employment resisting TROs and permanent injunctions to protect employer interests in either kind of case.