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 firm our size, we have one of the biggest work and labor groups in California. Each of our attorneys works carefully and personally with employer clients to develop proactive compliance and disagreement resolution strategies. We believe this one-on-one therapy is even more effective than an unwieldy team. We work with customers to help them prevent work environment problems, but where controversy is unavoidable, we have handled actually numerous jury trials, administrative trials and appeals before courts and administrative firms across the country.
JMBM is acknowledged as a Go-To Law Firm
Employers in the middle of a dispute over an arranging drive or an unjust labor practice complaint rely on our aggressive and timely action. Accountability and availability are our watchwords, and you get direct access to the person who can fix your problem or answer your question.
One of the strengths of our labor and employment group is the variety of the companies we represent. Public and personal business in organization sectors varying from fundamental production to innovation, apparel to aerospace and from healthcare to monetary services all rely on JMBM labor attorneys, regardless of the concern. Many clients have actually been with us 10 to 20 years-in numerous cases dealing with the very same experienced lawyer who totally comprehends their service.
Our industry-specific prevention and preparedness methods can prevent or reduce expensive claims. We work closely with senior executives and in-house counsel to craft personalized, reliable work policies - complete with a focus on appropriately training supervisors and HR staff on legal rights and obligations. Our options work to ensure compliance with national and state labor laws, reduce disputes with employees, and employment maximize strategic benefit if lawsuits is needed. We worry imaginative planning and aggressive advocacy for each client.
There are company sectors where we have unique skill in managing employment matters. Many law practice rely on us for counsel on concerns involving staff and attorneys, and we often advise broker-dealers on non-compete and disciplinary debates. Our lawyers also successfully represent many health care and hospitality market clients in collective bargaining and other labor and employment issues.
Any protected class of employees-by age, race, gender, impairment, religion-could bring fit against an employer under the discrimination statues. We have successfully prosecuted and dealt with 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 avoid it from being submitted, and we give clients reliable guidance right from the start to handle grievances properly and keep them from ending up being suits. If lawsuits is needed, our legal representatives investigate completely and prepare a strong position that can negate plaintiff claims.
We supply strong defense in state and federal court, in administrative actions before the Federal Equal Employment Opportunity Commission and before all the California state agencies - 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 understand the need in such cases to show that an employer's actions were appropriate, and in spite of the notoriety that is in some cases involved, we have had significant success at revealing that company conduct was legitimate and managed correctly.
Whether your business currently has third party representation or seeks to preserve a workplace without such participation, our highly effective labor relations counsel can be vital to assisting keep a competitive workplace while reducing disputes and optimizing management versatility. Employers that face union arranging drives count on our assistance to:
- Maintain a positive working environment with open interaction with all employees
- Comply with NLRB election laws
- Counter aggressive unionizing efforts without producing a "union-busting" debate
In unionized workplaces, our firm is a highly experienced and responsive partner that works together with company personnels and labor relations workers to:
- Participate in collective bargaining - including multi-union, multi-location talks
- Respond to grievance and arbitration actions
- Manage reductions in force, drug screening, discipline proceedings and strikes
- Provide representation in NLRB procedures
Responsiveness, determination and focus are what set our labor relations counsel apart from that of other law companies. We provide instant action, round-the-clock availability in crisis circumstances and aggressive defense of all employers' rights.
We protect numerous companies versus class action suits in which employees demand 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 attorneys can help employers prevent classification issues that cause lawsuits by:
- Auditing existing income 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 sure all exempt employee job descriptions include management and guidance
If you as an employer are confronted with a wage and hour lawsuit, whether under federal law or California wage and hour statutes, we install a vigorous and reliable defense. Your JMBM legal representative will seek to deny class certification and work to protect an efficient and reliable settlement that dismisses unproven claims and safeguards your interests.
Disputes over non-compete contracts involving trade tricks often pit employers against each other - especially in California, where the state's Unfair Competition Law (Section 17200) makes it specifically hard to impose non-compete terms. We have actually dealt with lawsuits representing both employees' previous and current companies, and are competent at protecting and withstanding TROs and long-term injunctions to secure employer interests in either kind of case.