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 company our size, we have among the biggest work and labor groups in California. Each of our lawyers works closely and personally with employer clients to establish proactive compliance and disagreement resolution methods. We believe this individually therapy is even more effective than an unwieldy group. We deal with clients to help them avoid office issues, but where debate is unavoidable, we have actually dealt with actually numerous jury trials, administrative trials and appeals before courts and administrative firms nationwide.
JMBM is recognized as a Go-To Law Firm® & reg; for the top 500 business in the United States in the areas of labor lawsuits and labor & employment law, as identified by American Lawyer Media's (ALM) yearly study of internal counsel at FORTUNE 500® & reg; business. Because labor and employment problems often involve high stakes and intense time pressure, our legal representatives are dedicated to giving companies the most immediate service possible. We respond promptly and without stop working, with simple guidance from a knowledgeable lawyer who won't pass your issue off to another person. Issues like unwanted sexual advances and work environment violence need immediate attention- and we provide it.
Employers in the middle of a dispute over an arranging drive or an unjust labor practice problem count on our aggressive and timely action. Accountability and availability are our watchwords, and you get direct access to the individual who can fix your problem or address your concern.
One of the strengths of our labor and work group is the diversity of the companies we represent. Public and personal companies in company sectors ranging from fundamental manufacturing to technology, clothing to aerospace and from healthcare to financial services all depend on JMBM labor legal representatives, despite the problem. Many customers have actually been with us 10 to 20 years-in lots of cases working with the very same experienced lawyer who intimately understands their business.
Our industry-specific prevention and readiness methods can prevent or reduce pricey claims. We work closely with senior executives and internal counsel to craft personalized, effective employment policies - complete with a focus on correctly training supervisors and HR staff on legal rights and commitments. Our solutions work to guarantee compliance with nationwide and state labor laws, reduce disagreements with employees, and optimize tactical advantage if lawsuits is essential. We stress imaginative planning and aggressive advocacy for every client.
There are company sectors where we have unique ability in managing employment matters. Many law practice count on us for counsel on problems including staff and lawyers, and we typically advise broker-dealers on non-compete and disciplinary debates. Our lawyers likewise efficiently represent lots of health care and hospitality market customers in cumulative bargaining and other labor and employment issues.
Any protected class of employees-by age, race, gender, disability, religion-could bring match versus a company under the discrimination statues. We have successfully prosecuted and resolved 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 deal with any claim is to prevent it from being filed, and we give clients effective assistance right from the start to manage complaints appropriately and keep them from ending up being suits. If litigation is necessary, our legal representatives examine thoroughly 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 agencies - 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, retaliatory treatment and whistle blowing. We understand the necessity in such cases to show that a company's actions were appropriate, and in spite of the prestige that is in some cases included, we have actually had substantial success at revealing that employer conduct was legitimate and dealt with properly.
Whether your company currently has 3rd party representation or looks for to preserve an office devoid of such involvement, our highly reliable labor relations counsel can be vital to helping maintain a competitive office while decreasing disputes and taking full advantage of management flexibility. Employers that face union organizing drives depend on our help to:
- Maintain a favorable working environment with open interaction with all employees
- Comply with NLRB election laws
- Counter aggressive unionizing efforts without developing a "union-busting" controversy
In unionized workplaces, our firm is an extremely competent and responsive partner that works along with business human resources and labor relations workers to:
- Participate in collective bargaining - consisting of multi-union,
- Respond to grievance and arbitration actions
- Manage reductions in force, drug screening, discipline procedures and strikes
- Provide representation in NLRB procedures
Responsiveness, decision and focus are what set our labor relations counsel apart from that of other law office. We provide instant reaction, day-and-night schedule in crisis situations and aggressive defense of all companies' rights.
We defend lots of employers versus class action claims in which staff members demand menwiki.men 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 uses to them.
JMBM labor legal representatives can help employers prevent classification issues that lead to claims by:
- Auditing existing wage policy and pay practices
- Reviewing the language of composed work policies to make certain they conform to FLSA requirements for exempt and non-exempt workers
- Ensuring all exempt employee task descriptions involve management and supervision
If you as a company are faced with a wage and hour claim, whether under federal law or California wage and hour statutes, we install a vigorous and reliable defense. Your JMBM lawyer will seek to reject class certification and work to protect an effective and efficient settlement that dismisses unproven claims and safeguards your interests.
Disputes over non-compete arrangements including trade secrets frequently pit employers against each other - particularly in California, where the state's Unfair Competition Law (Section 17200) makes it specifically tough to implement non-compete terms. We've handled lawsuits representing both staff members' previous and present employers, and are skilled at protecting and resisting TROs and irreversible injunctions to secure employer interests in either type of case.