Labor & Employment
Jeffer Mangels Butler & Mitchell LLP is a company with a true labor practice - not simply litigators who attempt employment cases. On a relative basis for a firm our size, we have one of the biggest employment and labor groups in California. Each of our legal representatives works closely and personally with company customers to develop proactive compliance and conflict resolution techniques. We think this individually therapy is far more efficient than an unwieldy group. We work with clients to help them prevent work environment issues, however where debate is unavoidable, we have actually managed literally numerous jury trials, administrative trials and appeals before courts and administrative agencies 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 unfair labor practice problem depend on our aggressive and prompt action. Accountability and availability are our watchwords, and you get direct access to the individual who can solve your issue or answer your concern.
Among the strengths of our labor and work group is the variety of the companies we represent. Public and personal companies in service sectors ranging from basic production to innovation, apparel to aerospace and from health care to financial services all depend on JMBM labor lawyers, regardless of the problem. Many customers have actually been with us 10 to 20 years-in many cases dealing with the same knowledgeable lawyer who thoroughly comprehends their company.
Our industry-specific avoidance and readiness techniques can prevent or lessen costly claims. We work carefully with senior executives and internal counsel to craft tailored, efficient work policies - total with a focus on correctly training supervisors and HR personnel on legal rights and responsibilities. Our options work to make sure compliance with nationwide and state labor laws, minimize conflicts with employees, and maximize strategic benefit if litigation is required. We worry innovative planning and aggressive advocacy for every single customer.
There are service sectors where we have unique skill in managing work matters. Many law companies count on us for counsel on concerns involving staff and lawyers, and we often encourage broker-dealers on non-compete and disciplinary controversies. Our legal representatives also effectively represent numerous health care and hospitality market customers in collective bargaining and other labor and work issues.
Any secured class of employees-by age, race, gender, impairment, religion-could bring suit against a company under the discrimination statues. We have actually successfully prosecuted and solved all types 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 finest method to handle any claim is to avoid it from being filed, and we offer customers efficient assistance right from the start to manage complaints properly and keep them from becoming claims. If lawsuits is necessary, our legal representatives examine completely and prepare a strong position that can negate complainant claims.
We offer 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 understand the need in such cases to demonstrate that a company's actions appertained, and despite the prestige that is in some cases involved, we have actually had significant success at showing that company conduct was legitimate and managed correctly.
Whether your organization presently has 3rd party representation or seeks to maintain an office without such participation, our highly effective labor relations counsel can be vital to assisting keep a competitive workplace while lessening disputes and optimizing management flexibility. Employers that deal with union arranging drives count on our help to:
- Maintain a positive working environment with open communication with all staff members
- Comply with NLRB election laws
- Counter aggressive unionizing efforts without producing a "union-busting" debate
In unionized offices, our company is an extremely competent and responsive partner that works along with company human resources and labor relations workers to:
- Take part in cumulative bargaining - consisting of multi-union, multi-location talks
- React to complaint 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 office. We provide immediate response, in crisis scenarios and aggressive defense of all companies' rights.
We protect numerous employers against class action suits in which workers 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 lawyers can assist companies avoid classification problems that cause claims by:
- Auditing existing income policy and pay practices
- Reviewing the language of written employment policies to make certain they comply with FLSA requirements for exempt and non-exempt employees
- Making certain all exempt employee job descriptions involve management and guidance
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 an energetic and efficient defense. Your JMBM lawyer will seek to deny class accreditation and work to protect an efficient and reliable settlement that dismisses unfounded claims and secures your interests.
Disputes over non-compete agreements including trade secrets often pit employers versus each other - particularly in California, where the state's Unfair Competition Law (Section 17200) makes it particularly hard to enforce non-compete terms. We have actually dealt with lawsuits representing both employees' former and existing companies, and are knowledgeable at securing and withstanding TROs and long-term injunctions to safeguard employer interests in either kind of case.