Benjamin J. Kim

What do you focus on?

I focus my practice in the following areas:

Occupational Safety and Health

I regularly represent clients in complying with federal and state workplace safety and health laws and during government safety inspections of the workplace as well as investigations of workplace accidents, particularly those involving fatalities and serious injuries. I represent and defend clients in pursuing appeals of citations and other enforcement actions by government agencies such as the California Division of Occupational Safety and Health and the U.S. Department of Labor (including the Occupational Safety and Health Administration and the Mine Safety and Health Administration).

Employment Litigation

By devising creative legal strategies designed to add value in litigation, I strive to achieve results efficiently. My work involves representing and defending clients in employment-related litigation, including cases alleging wage-and-hour violations, discrimination, wrongful termination, workplace harassment, disability accommodation, and retaliation. I have defended employers in class-actions, representative actions and lawsuits filed by single and multiple plaintiffs in both California state and federal courts. I also have represented employers in investigations and other actions by government agencies such as the California Department of Industrial Relations (including the Division of Labor Standards Enforcement), the California Department of Fair Employment and Housing, the U.S. Equal Employment Opportunity Commission, and the U.S. Department of Labor. By devising creative legal strategies designed to add value in litigation, I strive to achieve results efficiently.

Advice and Counseling

I counsel and represent companies and nonprofit organizations in actions and investigations brought by various state and federal agencies. I provide advice on various labor and employment issues as well as personalized training for employers on a variety of topics, such as sexual harassment prevention, workplace safety and health issues, and wage and hour compliance.

Esports Initiative

Our esports team focuses on finding innovative solutions to the growing needs of clients involved in highly competitive video gaming that, with its explosive growth and cross-industry reach, present new and complicated legal challenges. We have dozens of attorneys from multiple offices and practice areas working with esports clients in a variety of areas such as merchandising and manufacturing agreements, employment and the use of independent contractors, compliance with gambling and other regulatory compliance and IP licensing issues. For more information, visit the firm’s Esports page.

What do you see on the horizon?

A worldwide pandemic has not only changed the way we approach safety and health in the workplace, but it also has accelerated the changes to our “workplace.”  Now, more than ever, employers have invested in advancements in technology and communication, and this will continue to change the way people relate to, and work with, one another. Whether dealing with workplace safety and health, investigating an alleged sexual harassment complaint, or litigating a wage and hour class action, we need to continue to look for ways to solve client problems, acknowledging how such changes have affected the way people approach their jobs and their workplace.

Publications

• “The most pressing legal issues in esports,” Esports Insider, June 2019
• “Dealing with Ebola—and Ebola-Related Fears—in the Workplace,” Occupational Health & Safety, October 23, 2014
• “Filmmakers Must Mind Workplace Safety, Too,” Daily Journal, October 3, 2014
• “California Employers Should Sweat Over Cooldown Breaks,” Law360, August 8, 2014
• “The Heat Is On for California Employers,” Law360, January 23, 2014
• “California Employers Should Prepare for Increased Enforcement of, and Litigation Over, New OSHA Standards Regarding Serious Violations,” CA Employer, December 2010

Presentations

• “What to Expect from Cal/OSHA in 2020: Enforcement Trends, Regulatory Developments, and How to Close Your Compliance Gaps,” BLR®—Business & Legal Resources webinar, December 17, 2019
• “Important Cal/OSHA Updates for 2019: The Practical Impact on Your Policies and Procedures,” BLR®—Business & Legal Resources webinar, December 13, 2018