Benjamin J. Kim

Benjamin is a partner in Nixon Peabody’s Labor & Employment group and co-chairs 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.

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?

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


  • “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


  • “Important Cal/OSHA Updates for 2019: The Practical Impact on Your Policies and Procedures,” BLR®—Business & Legal Resources webinar, December 13, 2018

Employer Object To Cal/OSHA Virus Reporting Split From Federal OSHA

Inside OSHA | July 28, 2020

This article, discussing employer objections to the differences between Cal/OSHA and the federal OSHA requirements to record and report COVID-19 cases, quotes an NP alert providing guidance for California employers on the differences. The alert was authored by Occupational Safety & Health (OSHA) practice co-chair and Los Angeles Labor & Employment partner Ben Kim and San Francisco Labor & Employment associate Maritza Martin.

Coronavirus putting crimp on firms doing business in China

Rochester Business Journal | February 21, 2020

Rochester Corporate partner Jeremy Wolk authored this column about how employers with business operations in China are responding to the coronavirus outbreak and related travel restrictions. The article is based on an alert by Hong Kong Corporate partner David Cheng, Los Angeles Labor and Employment partner Benjamin Kim, San Francisco Labor and Employment senior counsel Jeffrey Tanenbaum and associate Rachel Conn, and Director of Global Strategies David Kaufman

E-sports practices get boost with teen's Fortnite win

LegalTech News ( | August 05, 2019

This article highlights Los Angeles Labor and Employment partner Ben Kim and associate Irene Scholl-Tatevosyan for leading the e-sports practice at Nixon Peabody, one of only a few such practices at large law firms.

Storms on the horizon after high court’s Dynamex ruling

Los Angeles Daily Journal | July 10, 2019

Partner Ben Kim, counsel Alicia Anderson and associate Irene Scholl-Tatevosyan, all of the Labor and Employment group in Los Angeles, co-wrote this contributed article. The authors analyze the impact of a California Supreme Court ruling that drivers for Dynamex, a package delivery company, are employees rather than independent contractors.

Ask the Esports Lawyers – Answering the most important questions in our industry

Esports Insider | June 07, 2019

Los Angeles Labor and Employment partner Ben Kim and associate Irene Scholl-Tatevosyan discussed the most pressing legal issues in esports in this Q+A with Esports Insider.


Benjamin J. Kim

Co-chair, Occupational Safety & Health (OSHA)

Los Angeles

Phone: 213-629-6090

Fax: 866-947-0849

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

  • American, Korean American, Los Angeles County and National Asian Pacific American bar associations
  • Asian Americans Advancing Justice—Orange County
  • Asian Rehabilitation Service, Inc.
  • Berkeley Korean-American Alumni Association
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