Labor & Employment
Jeffer Mangels Butler & Mitchell LLP is a company with a real labor practice - not just litigators who attempt work cases. On a comparative basis for a company our size, we have one of the largest employment and labor groups in California. Each of our lawyers works closely and personally with company customers to develop proactive compliance and conflict resolution methods. We think this one-on-one therapy is even more effective than an unwieldy group. We deal with clients to assist them avoid workplace problems, however where debate is inevitable, we have actually handled literally hundreds of jury trials, administrative trials and appeals before courts and administrative agencies across the country.
JMBM is acknowledged as a Go-To Law Practice
Employers in the middle of a dispute over an arranging drive or an unreasonable labor practice problem rely on our aggressive and prompt action. Accountability and ease of access are our watchwords, and you get direct access to the person who can resolve your problem or answer your concern.
Among the strengths of our labor and employment group is the diversity of the employers we represent. Public and private companies in organization sectors ranging from fundamental production to innovation, garments to aerospace and from health care to financial services all depend on JMBM labor lawyers, despite the issue. Many clients have actually been with us 10 to 20 years-in numerous cases dealing with the very same skilled legal representative who totally comprehends their company.
Our industry-specific avoidance and preparedness strategies can avoid or decrease pricey claims. We work closely with senior executives and in-house counsel to craft personalized, effective work policies - complete with a focus on correctly training supervisors and HR staff on legal rights and commitments. Our services work to make sure compliance with nationwide and state labor laws, lessen conflicts with staff members, and optimize strategic advantage if lawsuits is essential. We stress imaginative planning and aggressive advocacy for every client.
There are company sectors where we have special ability in handling employment matters. Many law office count on us for counsel on problems including staff and lawyers, and we often encourage broker-dealers on non-compete and disciplinary controversies. Our attorneys likewise successfully represent lots of health care and hospitality market clients in collective bargaining and other labor and employment concerns.
Any protected class of employees-by age, race, gender, special needs, religion-could bring fit versus a company under the discrimination statues. We have actually successfully 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 best method to manage any claim is to avoid it from being filed, and we give clients reliable assistance right from the start to handle complaints correctly and keep them from ending up being suits. If litigation is necessary, our attorneys examine thoroughly and prepare a strong position that can negate complainant claims.
We supply 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, vindictive treatment and whistle blowing. We comprehend the requirement in such cases to show that an employer's actions were correct, and despite the prestige that is often included, job we have actually had considerable success at revealing that employer conduct was genuine and dealt with appropriately.
Whether your company currently has 3rd party representation or looks for to preserve an office without such participation, our extremely efficient labor relations counsel can be essential to helping preserve a competitive workplace while reducing disputes and optimizing management flexibility. Employers that deal with union organizing drives count on our assistance to:
- Maintain a positive workplace with open interaction with all workers
- Abide by NLRB election laws
- Counter aggressive unionizing efforts without creating a "union-busting" controversy
In unionized work environments, our firm is an extremely proficient and responsive partner that works alongside company personnels and labor relations personnel to:
- Take part in cumulative bargaining - including 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 proceedings
Responsiveness, determination and focus are what set our labor relations counsel apart from that of other law office. We use instant reaction, round-the-clock accessibility in crisis scenarios and aggressive defense of all employers' rights.
We defend numerous companies against class action lawsuits in which staff members demand back overtime pay-and millions of dollars in damages-claiming that under company policies the Fair Labor Standards Act (FLSA) overtime pay exemption no longer uses to them.
JMBM labor lawyers can help employers prevent category issues that cause suits by:
- Auditing existing wage policy and pay practices
- Reviewing the language of written work policies to make certain they comply with FLSA requirements for exempt and non-exempt staff members
- Ensuring all exempt employee job descriptions involve management and guidance
If you as an employer are faced with a wage and hour lawsuit, whether under federal law or California wage and hour statutes, we mount a vigorous and efficient defense. Your JMBM legal representative will look for to reject class certification and work to protect an efficient and effective settlement that dismisses unproven claims and protects your interests.
Disputes over non-compete contracts involving trade tricks often pit companies against each other - particularly in California, where the state's Unfair Competition Law (Section 17200) makes it especially hard to enforce non-compete terms. We've handled litigation representing both staff members' previous and present employers, and are proficient at securing and withstanding TROs and irreversible injunctions to secure employer interests in either type of case.