Labor & Employment
Jeffer Mangels Butler & Mitchell LLP is a firm with a real labor practice - not just litigators who attempt employment cases. On a relative basis for a firm our size, we have among the biggest employment and labor groups in California. Each of our lawyers works carefully and personally with company clients to develop proactive compliance and conflict resolution techniques. We think this one-on-one therapy is much more efficient than an unwieldy group. We work with clients to help them avoid work environment issues, but where controversy is inescapable, we have actually managed literally hundreds of jury trials, administrative trials and job appeals before courts and administrative firms nationwide.
JMBM is recognized as a Go-To Law Office
Employers in the middle of a dispute over an arranging drive or an unfair labor practice problem count on our aggressive and timely action. Accountability and ease of access are our watchwords, and you get direct access to the person who can fix your issue or address your question.
Among the strengths of our labor and work group is the variety of the employers we represent. Public and personal business in organization sectors varying from fundamental production to innovation, apparel to aerospace and from health care to monetary services all depend on JMBM labor lawyers, despite the issue. Many clients have been with us 10 to 20 years-in lots of cases dealing with the very same knowledgeable attorney who totally understands their company.
Our industry-specific prevention and readiness techniques can avoid or lessen pricey claims. We work closely with senior executives and in-house counsel to craft customized, reliable employment policies - total with a focus on appropriately training managers and HR personnel on legal rights and responsibilities. Our options work to ensure compliance with nationwide and state labor laws, minimize disputes with employees, and take full advantage of strategic benefit if lawsuits is needed. We stress imaginative planning and aggressive advocacy for each customer.
There are service sectors where we have unique ability in handling employment matters. Many law practice count on us for counsel on concerns involving staff and legal representatives, and we typically recommend broker-dealers on non-compete and disciplinary debates. Our attorneys likewise efficiently represent numerous health care and hospitality industry customers in collective bargaining and other labor and employment concerns.
Any secured class of employees-by age, race, gender, disability, religion-could bring suit versus a company under the discrimination statues. We have actually effectively prosecuted 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 best way to handle any claim is to avoid it from being submitted, and we provide customers efficient assistance right from the start to deal with grievances correctly and keep them from ending up being suits. If lawsuits is necessary, our lawyers investigate 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 Employment 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 problems are claims for wrongful termination, vindictive treatment and whistle blowing. We understand the necessity in such cases to demonstrate that an employer's actions appertained, and regardless of the prestige that is often involved, we have had considerable success at showing that employer conduct was genuine and managed properly.
Whether your company currently has 3rd party representation or looks for to keep an office without such participation, our highly effective labor relations counsel can be important to helping maintain a competitive office while minimizing disputes and taking full advantage of management flexibility. Employers that face union arranging drives count on our aid to:
- Maintain a favorable working environment with open interaction with all workers
- Abide by NLRB election laws
- Counter aggressive unionizing efforts without producing a "union-busting" controversy
In unionized workplaces, our company is a highly proficient and responsive partner that works together with business human resources and labor relations workers to:
- Engage in collective bargaining - including multi-union, multi-location talks
- React to grievance and job 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 firms. We offer instant reaction, day-and-night schedule in crisis situations and aggressive defense of all employers' rights.
We defend lots of employers versus class action suits in which workers take legal action against for back overtime pay-and countless dollars in damages-claiming that under business policies the Fair Labor Standards Act (FLSA) overtime pay exemption no longer uses to them.
JMBM labor attorneys can assist companies prevent classification problems that lead to lawsuits by:
- Auditing existing salary policy and pay practices
- Reviewing the language of composed work policies to ensure they adhere to FLSA requirements for exempt and non-exempt staff members
- Ensuring all exempt descriptions include 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 install a vigorous and efficient defense. Your JMBM lawyer will look for to reject class certification and work to protect an efficient and effective settlement that dismisses unfounded claims and secures your interests.
Disputes over non-compete contracts including trade tricks typically pit companies versus each other - especially in California, where the state's Unfair Competition Law (Section 17200) makes it particularly hard to implement non-compete terms. We have actually dealt with lawsuits representing both staff members' former and existing employers, and are knowledgeable at securing and resisting TROs and permanent injunctions to safeguard company interests in either kind of case.