Benjamin J. Kim is a partner in Nixon Peabody’s Labor & Employment group and a member of the firm’s Occupational Safety & Health (OSHA) practice. He represents clients in a range of industries in employment and labor matters in both federal and state court litigation. He also counsels employers on a wide variety of employment issues.
I focus my practice in the following areas:
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).
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.
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.
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 Trending Topics page.
The workforce and the workplace continue to change with innovative developments in technology and communication, and these advancements also continue to change the way people relate to, and work with, one another. Whether dealing with workplace safety, 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 innovations have changed the way people approach their jobs and their workplace
OSHA Law Alert | 08.07.18
University of Arizona, B.A., summa cum laude
University of California, Berkeley School of Law, Boalt Hall, J.D.
U.S. District Court, Central District of California
U.S. District Court, Eastern District of California
U.S. District Court, Northern District of California
U.S. District Court, Southern District of California