Ben Gipson

Ben Gipson


Ben Gipson partners with clients through all stages of their development and serves as a trusted advisor for their employment needs, with a special focus on the technology, media, sports, and entertainment sectors. Before issues arise, Ben conducts trainings and audits on all aspects of employment law and assists his clients in revising handbooks and other policies and practices to prevent further litigation. Ben's overriding goal is to help clients effectively manage their workforce and maintain their focus on successfully operating the business..

Ben also defends employers in wage and hour class actions, WARN class actions, sexual harassment, wrongful termination, discrimination, breach of employment contract, unlawful business practices, state and federal whistleblowing, traditional labor disputes and other employment-related cases before the Department of Fair Employment and Housing, the Equal Opportunity Employment Commission, the California Labor Commissioner, the US Department of Labor, the Office of Federal Contract Compliance Program, the Occupational Safety and Health Administration and state and federal courts.

Ben has focused on conducting sensitive, high-stakes investigations to address clients' most sensitive and urgent workplace matters. Working with a cross-practice team including former prosecutors and other employment attorneys, Ben quickly investigates allegations of misconduct, assesses and advises clients on internal and external statements, working collaboratively to craft remedial actions where appropriate, and develops practices and procedures to address concerns on a going forward basis. Ben anticipates the challenges clients face and possesses extensive experience developing and executing upon risk-mitigating strategies for organizations at all stages in their development, PR advisors, and internal and external stakeholders.

Areas of FocusEmployment
Bar admissionsCaliforniaDistrict of ColumbiaWashington
CourtsUnited States Court of Appeals for the Ninth CircuitUnited States Court of Appeals for the Third CircuitUnited States Court of Appeals for the Armed ForcesUnited States Court of Federal ClaimsUnited States District Court for the Central District of CaliforniaUnited States District Court for the Northern District of CaliforniaUnited States District Court for the Eastern District of CaliforniaUnited States District Court for the Southern District of CaliforniaUnited States District Court for the Western District of Washington


  • Representing a major US professional soccer club in an internal investigation, culture and compliance review, and defense of the termination of a former head coach for sexual harassment and other misconduct in connection with parallel investigations by the US Soccer Federation, the Players Association, and the National Women's Soccer League
  • Assisting clients with implementing policies and practices in response to governmental orders and guidance, including advising clients with respect to ceasing and returning to work, and managing risk during those transitions
  • Mentoring growing organizations as they add funding and increase their employee base
  • Representing the Special Committee of the Board of Directors for an international video and technology company in connection with a series of allegations relating to sexual harassment, toxic working environment, and poor compliance practices, in coordination with company and board counsel
  • Leading an investigation into the principal of a major private equity fund, including allegations of misconduct and cultural concerns arising from an alleged "old boys" network
  • Successfully defeating class certification in complex meal and rest period and expense reimbursement case
  • Defeating case at pleading stage and successfully defended same in California Court of Appeals in case of first impression
  • Bringing innovative motions to preclude class certification prior to motion practice and extensive state discovery by plaintiffs
  • Minimizing potential liability associated with reductions in force and classification of employees
  • Leading cross-border investigation regarding allegations of bullying and misconduct against Chief Executive Officer of growing organization on the cusp of going public
  • Conducting effective and efficient investigation for public company regarding allegations of a toxic workplace culture
  • Coordinating with Madrid office on investigation of bullying and financial impropriety by Spanish officers of a major US media organization
  • Assisting a wide range of pro-bono clients in reaching their goal of exposing more youth to the outdoors though wilderness mentoring experiences and other programs, assisting with food instability in our communities, providing assistance for individuals fleeing unsafe situations in their home countries, and addressing systemic criminal justice reform issues
  • J.D., Georgetown University Law Center 2002
    Staff member, Tax Lawyer
    Publication director, State and Local Tax Lawyer
    cum laude
  • B.A., Government and History, Claremont McKenna College 1997
    cum laude


  • "Leaders of Influence: Labor and Employment Attorneys 2023,” LA Business Journal, October 23, 2022 and October 25, 2023
  • "2019-2020 North American Pro-Bono Awards," Recipient, DLA Piper, November, 2020
  • Named a Super Lawyers Rising Star in the area of employment law

Pro Bono

Ben is committed to supporting the firm's pro bono efforts and is a member of the North American Pro Bono committee. He has extensive experience advising non-profit organizations with respect to youth engagement activities, has supervised numerous asylum petitions for individuals fleeing violence in Central America, and has provided research and writing to projects involving bail for juvenile offenders. Ben also supports the firm’s Food Banks work, providing pro bono services for the Community Food Bank of Southern Arizona and the Ecumenical Hunger Program. In addition, Ben possesses expertise with assisting non-profit organizations in all aspects of employment law compliance throughout the West Coast.

Insight Overview

Ben is a contributing editor of The Developing Labor Law. He is also an editor of The Labor Dish.


  • "Minors in Pro Esports Bring 3 Critical Legal Considerations," Law360, July 23, 2020
  • "When Fantasy Football Impacts the Reality of the Workplace," The Labor Dish, Oct. 10, 2019 
  • "West-Side! Washington Continues to Follow (And Pass) California on Allowing for Wage and Hour Class Action Litigation," The Labor Dish, June 13, 2018, with Jeff DeGroot
  • "Salary test for white collar workers under Fair Labor Standards Act enjoined," 29 Nov 2016
  • "Performance Management: Lessons from Professional Baseball," The Labor Dish, March 14, 2017
  • "The Case of the Gig-Headed League," The Labor Dish, December 8, 2015
  • "Implementing California's Paid Sick Leave Law: 10 action items," June 17, 2015
  • "Los Angeles raises the minimum wage: six action steps for California employers," May 21, 2015
  • "The Love Contract – Taking the Romance Out of Office Trysts," The Labor Dish," March 30, 2015
  • "Workplace policies and class action certification: key takeaways from two California cases," January 7, 2015
  • "Andrew Carnegie's Advice on Corporate Matching and Avoiding Criminal Prosecutions," The Labor Dish, December 1, 2014
  • "Three key cases in one day address the future contours of arbitration clauses in California: action steps for employers," June 26, 2014
  • "You need to prove your case: California Supreme Court confirms wage-and-hour defendants have right to argue individualized defense in class action trials," June 5, 2014
  • "Staying Productive in the Wild Wild West: Employer Responses to Bring Your Gun to Work Laws," The Labor Dish, May 13, 2014
  • "Man bites dog: recovering attorney's fees from vexatious employees," February 27, 2014
  • "Successor Liability for Employment Related Claims: A Pain in the Assets," The Labor Dish, January 9, 2014
  • "Innovate or Die – Managing Millennials in the Workplace," The Labor Dish, November 25, 2013
  • "California's statewide minimum wage increase and what it means for employers," September 25, 2013
  • "Darden: continuing the trend of pro-arbitration decisions," June 27, 2013
  • "California Court of Appeal: rest periods must be separately compensated for employees paid on a piece rate," May 31, 2013


  • Employment Training: Global Mergers & Acquisitions, April 27, 2022
  • "US Employment Law and Updates," November 16, 2021
  • "OSHA's New Vaccination and Testing ETS – Key Requirements and Action Steps for Employers," November 12, 2021
  • "Annual Employment Law Briefing: Responding to the Pandemic," October 6, 2021
  • "Tips for California Employers: Four Court Decisions and What They Mean for Your Wage Statement Compliance," August 11, 2021
  • "Coronavirus and the new normal for US employers," March 19, 2020
  • "Annual Employment Law CLE Briefing 2020," Seattle, February 20, 2020
  • "California Employment Law Briefing," Los Angeles, January 30, 2020
  • "CA AB 5: Codifying Dynamex and its effect on the California Technology Sector," October 29, 2019
  • 'California Employment Law Briefing," San Francisco, January 15, 2019, Silicon Valley, January 17, 2019 and Los Angeles, January 31, 2019
  • "California Employment Law Briefing," Los Angeles, 2014-2019
  • Panel Discussion on Internships, Take Part Live, December 16, 2013
  • Employment Law 101, presented to companies across the United States

Clerk Experience

  • The Honorable Emily Clark Hewitt, US Court of Federal Claims

Civic and Charitable

  • Northwest African American Museum, HR Committee, Member, December 2018 – Present 
  • Big City Mountaineers, Board President, October 2015 – November 2018
    – Board Member, February 2011 – 2019
    – National Council Member, 2020 – Present
  • Longtime YMCA youth basketball coach

Memberships And Affiliations

  • California Bar Association
  • District of Columbia Bar Association
  • Washington Bar Association