Robert Mussig helps employers navigate and resolve a wide range of complex workplace issues. He advises employers on compliance with local, state, and federal employment laws as well as best practices to avoid litigation, in particular with respect to terminations and layoffs. He also has extensive experience defending employment-related litigation, from wage and hour class actions to wrongful termination, discrimination, harassment, and retaliation claims. Rob has represented clients in many different industries, including entertainment, retail, transportation, waste and environmental, agriculture, restaurant and hospitality, aerospace, amusement and theme parks, manufacturing, and health care. He has represented employers in state and federal court as well as in administrative proceedings before state and federal agencies.
Rob has helped clients achieve excellent results on many, many occasions, including:
- Defeated class certification and ultimately obtained a complete dismissal for a large theme park in a heavily-litigated case alleging meal and rest period, off-the-clock work, and regular rate claims;
- Prevailed on summary judgment for a Fortune 200 company in multiple cases alleging discrimination, retaliation, harassment and/or wrongful termination claims;
- Successfully guided an apparel company through a highly contentious CEO termination involving disputed stock appreciation rights and other allegations;
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Led numerous workplace investigations into a range of allegations, including discrimination and harassment, unlawful business practices, and wage and hour matters;
- Successfully compelled numerous class and PAGA cases to individual arbitration, including in cases where the employer had to rely on an arbitration agreement the employee had entered into with a third party;
- Defeated class certification on behalf of a national restaurant chain in a case involving allegations that the company unlawfully deducted wages and failed to properly reimburse employees for work-related purchases;
- Obtained summary judgment in a meal and rest period class action for a trucking company based on the Federal Motor Carrier Safety Administration's determination that federal law preempts California state meal and rest period laws as applied to drivers of property-carrying commercial motor vehicles;
- Obtained a landmark appellate victory establishing that California union employees subject to a CBA may enter into individual arbitration agreements containing class action waivers; and
- Obtained a dismissal of an appeal in a case establishing a rule that a plaintiff in California may not appeal a denial of class certification under the so-called "death knell" doctrine if the case involves a claim under the Private Attorneys General Act (PAGA).