Robert Murphy is a Principal in the San Diego, California, office of Jackson Lewis P.C. With more than 40 years of experience as a specialist in labor and employment law, he is considered to be one of the nation's most highly respected and creative lawyers in his field.
His practice is equally divided between employment litigation, labor-related matters such as union representation campaigns and collective bargaining negotiations, and advising multi- state and multi-national clients with respect to the full gamut of employment matters including selection and training of employees, performance evaluation, incentive compensation, disciplinary issues and the creation of unique employment cultures for newly established, rapidly expanding companies with facilities in several states. He has represented a wide variety of major national corporations with facilities across the United States, including Alaska and Hawaii.
In 2008, Mr. Murphy was the subject of a feature story in the Super Lawyers magazine in an article entitled: Tough Guy, detailing highlights in his career of negotiations with labor unions.
Mr. Murphy's current and recent experience is representative of the wide variety of his practice: He is the lead negotiator for a major multi-national corporation in three separate union negotiations in Idaho, Texas and Oklahoma. He recently won a discharge arbitration in San Francisco on behalf of one of the world's largest hotel companies and successfully represented a major Texas based construction company in a US Department of Labor Wage/Hour Audit. In addition, he is lead counsel in a disability discrimination case set for trial in San Diego in February of 2016 and is currently advising several clients on their obligations under the City of Los Angeles Living wage Ordinance.
For several major multistate corporations, luxury resorts and private university and golf clubs, he has created and supervised the implementation of a complete set of employment policies and procedures designed to reflect the unique employment culture envisioned by the client. Without exception, these companies have remained union free and have experienced virtually no employment litigation.
He has acted as principal employment advisor to buyers and sellers during the due diligence phase of the purchase or sale of over 300 commercial properties, many of them hotels and resorts.
He has also successfully defended clients in state and federal courts in California, Texas, New York, Michigan, Washington, Minnesota and South Carolina and has represented clients in NLRB proceedings in more than 20 states including Hawaii.
Honors and Recognitions
•San Diego Magazine Top Lawyer (2013)
• The Injured Employee: A Guide to the Rights and Responsibilities of Employees Under California Law, Part II, CEB CBLR 149 Vol. III, Issue No. 8 (May 1982) [Author]
• The Injured Employee: A Guide to the Rights and Responsibilities of Employees Under California Law, Part I, CEB CBLR 129 Vol. III, Issue No. 7 (April 1982) [Author]
• A Review of Personnel Policies and Procedures for At-Will Employees, CEB CBLR 113 Vol, III, Issue No. 6 (March 1982) [Author]
• Recent Developments in Sex Discrimination Law: Pregnancy and Childbirth Policies and Claims of Sexual Harassment, CEB CBLR 17 Vol. II, Issue No. 2 (March 1981) [Author]
• Cleary v. American Airlines: A Sweeping Exception to the At-Will Rule in Employment Contracts, CEB CBLR 5 Vol. II, Issue No. 1(January 1981) [Author]
• Employee Appeals to Customers and Suppliers: Further Limitations on an Employer's Disciplinary Prerogatives, CEB CBLR 92 Vol. I, Issue No. 6 (August 1980) [Author]
Labor & Collective Bargaining
Overruling Precedent, Board Finds Violation May Be Established Without Specific Unfair Labor Practice Complaint Allegation
July 28, 2016
In a decision having far-reaching implications, a National Labor Relations Board panel consisting of Chairman Mark Gaston Pierce and Members Kent Hirozawa and Lauren McFerran, (Member Miscimarra dissented) has overruled almost 10 years of NLRB precedent, deciding that a violation of the National Labor Relations Act could be found bas
Labor & Collective Bargaining
Ham-Handed Tactic? NLRB Says Union Giveaway Not Grounds for Setting Aside Election Victory
July 25, 2016
A union's gift of free hams on the eve of an NLRB-conducted election did not influence the outcome, a union victory, the National Labor Relations Board has determined. Nuverra Environmental Solutions, Inc., 08-CA-164447 (July 8, 2016). The union had distributed holiday hams to eligible voters five or six days prior to the election.
Hawaii Workplace Law Seminar
October 14, 2016 - 7:15 AM to 1:15 PM HAST
1801 Kalakaua Avenue - Honolulu, HI
Credits: CLE - Pending, HRCI - Pending, SHRM - Pending
July 30, 2015
NLRB Doubles Down In Curbing Secrecy of Employer Investigations
July 30, 2015
In a case with potentially far-reaching implications, the National Labor Relations Board has issued a decision invalidating a confidentiality policy similar to that applied by many employers during workplace investigations. Banner Health System d/b/a Banner Estrella Medical Center, 362 NLRB No. 137 (June 26, 2015). The decision...