Robert Murphy is a Shareholder in the San Diego, California, office of Jackson Lewis P.C. With almost 40 years of experience as a specialist in employment law, he is considered to be one of the nation's most highly respected and creative employment lawyers.
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 including several headquartered in Texas such as Lehigh Hanson, Archon Corp and Benchmark Hospitality.
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 has handled two contract interpretation matters for Lehigh Hanson, one of North America's largest suppliers of heavy building materials, in the last 9 months and won them both. He also advises the company on bargaining strategy in connection with union negotiations and on matters before the NLRB, including 10k matters.
For several major multistate corporations and luxury resorts, 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.
He has successfully defended clients in state and federal courts in California, Texas, New York, Michigan, Washington, Minnesota and South Carolina.
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]
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...
July 1, 2013
U.S. Supreme Court to Scrutinize Union Neutrality Agreements
July 1, 2013
The United States Supreme Court may soon decide whether organized labor will be forced to abandon the neutrality agreement as an organizing tool. Granting review in UNITE HERE Local 355 v. Mulhall; Hollywood Greyhound Track Inc. d/b/a Mardi Gras Gaming, 667 F.3d 1211 (11th Cir. 2012), cert. granted, No. 12-99 (June 24, 2013), the Court...
January 24, 2013
Union Neutrality Agreements to be Scrutinized If Certiorari Granted in Florida Case
January 24, 2013
The U.S. Supreme Court has been asked to decide whether a neutrality agreement between a Florida greyhound track and a union improperly delivered a “thing of value” in violation of the Labor Management Relations Act. Traditionally, when a union has sought to organize the employees of an employer and the employer decided...