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Robert H. Pepple
Partner / Co-Leader, Wage & Hour Compliance and Litigation Team
Introduction
Robert Pepple is a partner in the Labor & Employment practice group. He represents large, medium, and small employers in a wide array of labor and employment matters, including litigation, alternative dispute resolution, and day-to-day advice and counsel.
Robert has extensive experience defending high-stakes wage and hour class actions, derivative Private Attorney Generals Act lawsuits, and single-plaintiff employment matters of all varieties.
My focus
My passion is to bring aggressive and high-quality representation to employers of all sizes in all industries—because the Plaintiff’s Bar is after every employer in California. Over the course of my career, it has been my honor to represent employers in numerous industries, including healthcare, hospitality, sales and merchandizing, security, warehousing, employee-staffing, entertainment, telecommunications, retail, manufacturing, and many more.
Wage and Hour Litigation
The core of my practice is wage and hour advice and litigation, for which I have developed a suite of tools that allow me to diagnose an employer’s compliance with California law with unrivaled efficiency and accuracy. This allows me to present clients with a clear picture of what’s “at stake” at the beginning of a lawsuit, rather than much later in the case, which is the norm in the industry. It is my belief that this information is vital to developing strategies that make both legal and business sense. My philosophy is to pursue what is best for your business’s reputation, legal exposure, and bottom line.
This philosophy carries over into the other areas of law in which I have substantial litigation and advice experience, including: discrimination, whistleblowing, harassment, retaliation, violations of family leave, tort claims, and restrictive covenants and cases arising under the Americans with Disabilities Act, Family and Medical Leave Act, Fair Labor Standards Act, Worker Adjustment and Retraining Notification (WARN) Act, Defend Trade Secrets Act, and National Labor Relations Act (NLRA), as well as the California counterparts to these federal laws.
Workplace Investigations
I have significant experience in managing and conducting workplace investigations arising from allegations of discrimination (race, age, sexuality, etc.), retaliation, leaves and accommodations, sexual harassment and hostile work environment, unfair labor practices, and misappropriation of trade secrets. Similar to my wage and hour practice, I create and develop customized tools that assist in the investigation, analysis, advising, and reporting on such investigations to the appropriate government agencies.
Labor Relations
In addition, I represent clients in traditional labor law matters including collective bargaining negotiations and union elections, and defending against unfair labor practice (ULP) charges. I help clients meet their business goals without compromising employee loyalty, enthusiasm, or productivity.
Insights
- “The DOJ’s Intervention in AB 5’s Legal Landscape — A Turning Point for Worker Classification,” Article, February 28, 2024
- “Estrada v. Royalty Carpet Mills largely curtails manageability defense in California PAGA cases,” Client Alert, Jan 19, 2024
- “California Compliance & Caselaw: 2024 Employment Laws + 2023 Wage & Hour Decisions,” Nixon Peabody's 2024 California MCLE Virtual Seminar, January 18, 2024
- “California employers must notify employees of voided non-competes by February 14, 2024,” Client Alert, Jan 5, 2024
- “California employers required to grant up to 40 hours of sick time in 2024,” Client Alert, Jan 2, 2024
- “California minimum wage increases to $16.00 in 2024 for most employers,” Client Alert, December 29, 2023
- “All good things must come to an end: Flexible COVID-19 Form I-9 requirements ended on July 31, 2023,” Client Alert, August 2, 2023
- “California Court rules on COVID reimbursement for remote work during Pandemic,” Client Alert, July 24, 2023
- “California Supreme Court holds PAGA plaintiffs may pursue in-court lawsuits after arbitration in some circumstances,” Client Alert, July 17, 2023
- “12 California cities increase minimum wage — Effective July 1, 2023,” Client Alert, June 21, 2023
- “City of Los Angeles "Fair Work Week" Ordinance Becomes Effective April 1 2023,” Client Alert, April 5, 2023
- “U.S. Supreme Court in Helix Energy Solutions Group, Inc. v. Hewitt clarifies "salary basis" test for HCEs paid on daily basis,” Client Alert, February 28, 2023
- “Strategies for severance agreements after NLRB’s decision in McLaren Macomb,” Client Alert, February 27, 2023
- “Ninth Circuit holds California’s attempted ban of mandatory arbitration preempted by the FAA,” Client Alert, February 22, 2023
- “California Court of Appeal clarifies rules surrounding weekend paydays,” Client Alert, January 9, 2023
- “Lemm v. Ecolab — California Court of Appeal holds that “percentage bonuses” based on regular and overtime hours comply with California laws,” Client Alert, January 6, 2023
- “California Labor & Employment Update,” Nixon Peabody Annual Seminar, November 17, 2022
- “California Enacts Pay Transparency Bill,” Client Alert, October 5, 2022
- “MacIntyre v Carroll College—The squeaky wheel gets the grease,” Client Alert, October 3, 2022
- “Seviour-Iloff v. LaPaille provides guidance on numerous California wage & hour issues, including personal liability,” Client Alert, September 9, 2022
- “NP Impact Pride 2022: LASNNY and Alliance for Housing and Healing,” Client Alert, June 22, 2022
- “Viking River court holds that employers can compel PAGA lawsuits to individual arbitration—if their arbitration agreements have two key components,” Client Alert, June 22, 2022
- “California Supreme Court characterizes break “premiums” as wages,” Client Alert, June 2, 2022
In the news
- Dispute Resolution Journal
Key decisions on Federal Arbitration Act Section 1: impact on arbitration agreements
July 29, 2024Labor & Employment partner Rob Pepple and associates Alex Castro and Gabriel Mendoza, and Complex Disputes associates Jonathan Assia and Brock Seraphin, all of the Los Angeles office, contributed this article discussing recent interpretations that have redefined the scope of the Federal Arbitration Act’s “contracts of employment” exemption.
- Law360
Navigating Title VII compliance and litigation post-Muldrow
May 20, 2024Labor & Employment partner Rob Pepple of Los Angeles, co-leader of NP’s Wage & Hour Compliance and Litigation team, and counsel Chris Stevens of Albany contributed this article discussing how to navigate Title VII compliance following the Supreme Court decision in Muldrow v. City of St. Louis, including implications for both litigators and multi-state employers.
- Law360
California high court gives guideposts for what counts as work
March 27, 2024Los Angeles Labor & Employment partner Rob Pepple is quoted in this article, which covers the recent California Supreme Court ruling in Huerta v. CSI Electrical Contractors and its possible impact on employers’ practices. Rob discusses the opinion and why it’s imperative for employers to clearly communicate rules and requirements with employees.
- Law360
Grubhub driver’s standing woes expose California litigation quirk
Feb 9, 2024Los Angeles Labor & Employment partner Robert Pepple is quoted in this article discussing the recent decision in Lawson v. Grubhub that relates to California’s Labor Code and the state’s Private Attorneys General Act (PAGA). Robert discusses some of the challenges and advantages of pursuing litigation in federal versus state court.
- SHRM’s HR News
Court finds arbitration agreement not valid for delivery drivers
Aug 31, 2023Los Angeles Labor & Employment partner Robert Pepple is quoted throughout this article on how the decision in Mejia v. RXO Last Mile, which exempts last-mile delivery drivers from mandatory arbitration, may impact employers.
- Law360
Remote work expenses boosted nationwide by California ruling
July 19, 2023The following Law360 article quotes Los Angeles Labor & Employment partner Robert Pepple, co-leader of the Wage & Hour Compliance and Litigation team. The first story discusses the California Supreme Court’s recent decision on Adolph v. Uber Technologies. The second discusses a recent California appellate ruling that said the statewide COVID-19 stay-at-home orders do not excuse IBM from reimbursing employees’ remote work expenses.
- Law360
California justices bring PAGA claims’ focus to solo arbitration
July 18, 2023The following Law360 article quotes Los Angeles Labor & Employment partner Robert Pepple, co-leader of the Wage & Hour Compliance and Litigation team. The first story discusses the California Supreme Court’s recent decision on Adolph v. Uber Technologies. The second discusses a recent California appellate ruling that said the statewide COVID-19 stay-at-home orders do not excuse IBM from reimbursing employees’ remote work expenses.
- Pomona College Magazine
Moonshots for Unicorns
Jan 6, 2023Los Angeles Labor & Employment partner (and Pomona College alum) Robert Pepple is quoted in this article, which highlights NP’s role in the creation of a nonprofit entity, Moonshots for Unicorns, which raises funding for research into cures for rare (i.e., unresearched) genetic disorders. The project came to NP’s attention through Robert’s Pomona College contact, Zach Landman and his wife, whose youngest daughter was recently diagnosed with a rare, but potentially curable, genetic disorder. The heavy lifting pro bono work was enthusiastically undertaken by Intellectual Property practice leader Seth Levy and IP resident attorney Freddy Lopez, both of Los Angeles. Robert also leveraged his contacts to provide the Landmans with free web-design and hosting, social media consulting, and nonprofit governance mentors.
- Law360
Five major wage and hour cases to watch in 2023
Jan 2, 2023Los Angeles Labor & Employment partner Robert Pepple provides third-party commentary throughout this article, which details several significant wage & hour cases to watch in the new year.
- Law360 Employment Authority
A look back at 2022’s biggest wage-hour rulings
Dec 20, 2022Los Angeles Labor & Employment partner Robert Pepple, co-leader of the Wage and Hour Compliance and Litigation team, is quoted in this article covering five major wage and hour decisions that made a significant impact over the past year. Robert discusses the Boone et al. v. Amazon Services LLC decision and how real-world circumstances, such as a pandemic, can impact employee mandates and their enforcement. He also discusses the complexities associated with the use of time-tracking technology related to the Cadena et al. v. Customer Connexx LLC decision.
- Law360
Seven wage and hour cases to watch for the rest of 2022
This article, covering significant wage and hour cases to watch for the remainder of the year, quotes Los Angeles Labor & Employment partner Robert Pepple on David G. Williams v. Amazon.com Services LLC. Robert discusses considerations and factors related to employer reimbursement of employee work-from-home expenses, including the possibility of public policy updates.July 6, 2022 - The Recorder
On the move - Tracking the ins and outs of California lawyers
Los Angeles Complex Disputes partner Carlos Becerra and Labor & Employment partners Richard Frey, Robert Pepple, and David Prager are featured in this column for their recent arrivals to the firm.April 7, 2022
Admitted to practice
California
U.S. District Court, Central District of California
Education
Pomona College, B.A.
University of California, Los Angeles, J.D.
Professional activities
- American and California bar associations
- California Freemasons
- Magician Member, Academy of Magical Arts (i.e., Magic Castle)
- Nixon Peabody LGBTQA Attorney Resource Group member
Recognition
- Southern California Super Lawyers "Rising Star", Employment & Labor: Employer, 2024—2022
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