Labor & Employment
Jeffer Mangels Butler & Mitchell LLP is a company with a true labor practice – not simply litigators who try employment cases. On a comparative basis for a company our size, we have one of the biggest work and labor groups in California. Each of our attorneys works closely and personally with employer customers to develop proactive compliance and disagreement resolution strategies. We believe this one-on-one counseling is even more effective than an unwieldy team. We deal with customers to assist them prevent office problems, however where debate is inevitable, we have handled literally numerous jury trials, administrative trials and appeals before courts and administrative companies nationwide.
JMBM is recognized as a Go-To Law Office® & reg; for the top 500 companies in the United States in the areas of labor lawsuits and labor & work law, as identified by American Lawyer Media’s (ALM) annual survey of internal counsel at FORTUNE 500® & reg; business. Because labor and work problems frequently involve high stakes and job intense time pressure, our attorneys are devoted to providing companies the most instant service possible. We react quickly and without fail, with straightforward advice from a knowledgeable attorney who won’t pass your problem off to another person. Issues like unwanted sexual advances and workplace violence demand instant attention- and we supply it.
Employers in the middle of a disagreement over an arranging drive or an unreasonable labor practice complaint depend on our aggressive and prompt action. Accountability and job accessibility are our watchwords, and you get direct access to the individual who can fix your problem or address your concern.
Among the strengths of our labor and employment group is the diversity of the companies we represent. Public and private companies in service sectors ranging from basic production to innovation, apparel to aerospace and from healthcare to financial services all rely on JMBM labor attorneys, no matter the concern. Many clients have been with us 10 to 20 years-in numerous cases working with the exact same experienced legal representative who totally comprehends their organization.
Our industry-specific prevention and preparedness strategies can prevent or decrease pricey claims. We work carefully with senior executives and internal counsel to craft customized, job effective work policies – total with an emphasis on properly training supervisors and HR personnel on legal rights and obligations. Our solutions work to guarantee compliance with nationwide and state labor laws, reduce disputes with staff members, and optimize tactical benefit if litigation is needed. We stress creative planning and aggressive advocacy for every client.
There are organization sectors where we have special ability in handling employment matters. Many law office depend on us for counsel on problems involving personnel and attorneys, and we typically recommend broker-dealers on non-compete and job disciplinary debates. Our attorneys likewise effectively represent many health care and hospitality industry clients in collective bargaining and other labor and employment issues.
Any safeguarded class of employees-by age, job race, gender, special needs, religion-could bring match versus an employer under the discrimination statues. We have actually successfully litigated and solved 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 handle any claim is to avoid it from being submitted, and we provide customers reliable assistance right from the start to handle grievances properly and keep them from ending up being lawsuits. If lawsuits is necessary, our legal representatives examine completely 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 firms – the Department of Labor Standards Enforcement, the Department of Fair Employment and Housing, and the Employment Development Department.
Often overlapping with discrimination concerns are claims for wrongful termination, vindictive treatment and whistle blowing. We understand the necessity in such cases to show that a company’s actions were correct, job and in spite of the notoriety that is often included, we have actually had significant success at showing that company conduct was legitimate and managed correctly.
Whether your organization presently has third party representation or looks for to maintain a work environment totally free of such participation, our highly effective labor relations counsel can be vital to assisting preserve a competitive office while reducing disputes and job optimizing management versatility. Employers that deal with union arranging drives rely on our help to:
– Maintain a positive working environment with open communication with all staff members
– Abide by NLRB election laws
– Counter aggressive unionizing efforts without creating a „union-busting“ debate
In unionized work environments, our company is a highly proficient and responsive partner that works alongside business human and labor relations workers to:
– Engage in collective bargaining – consisting of multi-union, multi-location talks
– Respond to complaint and arbitration actions
– Manage reductions 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 firms. We provide instant response, day-and-night schedule in crisis situations and aggressive defense of all companies‘ rights.
We protect lots of employers versus class action claims 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 attorneys can help companies avoid classification issues that cause lawsuits by:
– Auditing existing salary policy and pay practices
– Reviewing the language of composed employment policies to make sure they adhere to FLSA requirements for exempt and non-exempt workers
– Making certain all exempt employee task descriptions include management and supervision
If you as a company are faced with a wage and hour lawsuit, whether under federal law or California wage and hour statutes, we install an energetic and reliable defense. Your JMBM attorney will seek to deny class certification and work to protect an efficient and reliable settlement that dismisses unfounded claims and secures your interests.
Disputes over non-compete arrangements involving trade tricks typically pit employers versus each other – especially in California, where the state’s Unfair Competition Law (Section 17200) makes it particularly difficult to enforce non-compete terms. We have actually managed lawsuits representing both workers‘ previous and current employers, and are skilled at protecting and withstanding TROs and long-term injunctions to safeguard company interests in either type of case.
