Richard J. Simmons

Richard J. Simmons is a partner in the Labor and Employment Practice Group in the firm’s Los Angeles office.

Areas of Practice

Richard is a lawyer’s lawyer and represents employers in wage-hour, PAGA, discrimination, contract, and wrongful discharge lawsuits. He has represented employers in over 100 class action lawsuits and landmark decisions. When the California Industrial Welfare Commission (the agency responsible to issue the state's Wage Orders) was sued, it asked Richard to defend the case over all other firms.

Richard represents employers in various employment law matters involving litigation throughout the country and general advice regarding state and federal wage and hour laws, employment discrimination, wrongful discharge, employee discipline and termination, employee benefits, affirmative action, union representation proceedings, and contract arbitrations.

Honors

500 Leading U.S. Corporate Employment Lawyers, Lawdragon, 2016-2017, 2020-2025

Top Labor & Employment Lawyer, Daily Journal, 2009-2014, 2016-2022

Few management attorneys have prevailed in cases before the California Supreme Court in the past 10 years. Not only is Richard one of the few, he was the only management attorney to win an employment case before the Supreme Court in 2018.

He was named the Labor & Employment Attorney of the Year by the Los Angeles Business Journal in 2017. 

Best Lawyers in America, Best Lawyers, 2009-2025

The Nation's Most Powerful Employment Attorneys, Human Resource Executive, 2015, 2017

Employment Lawyers Hall of Fame Inductee, Lawdragon, 2017, 2022

Bar Register of Preeminent Lawyers, 2020

Leading Lawyer in Labor and Employment, Chambers USA, 2006-2024

Recognition as expert in Labor and Employment, The Legal 500, United States

Labor and Employment Star - California, Benchmark Litigation, 2020-2024

California Hospital Association Certificate of Distinction, 2015

International Who's Who of Management Labour & Employment Lawyers, 2012, 2015

Recognized, Labor & Employment and Labor & Employment Litigation, Legal 500, 2011-2014, 2016-2018

"10 Leading Rainmakers," Daily Journal, 2009

Employment MVP, Law360, 2011

Litigation Star, Benchmark Litigation, 2011-2012

Who's Who Legal: California, 2008-2009

Southern California Super Lawyer, Super Lawyers, 2008-2024

Best of the Bar, Labor and Employment, Los Angeles Business Journal, 2007

Appointed by the California Industrial Welfare Commission as a member of three separate Minimum Wage Boards for the State of California

Graduated summa cum laude, University of Massachusetts as Commonwealth Scholar and member of Phi Kappa Phi Honor Society

President Sophomore Men's Honor Society

Articles

• "Application of WARN Rules to Hospitals," Healthcare Human Resources Management Association of California News (Fall 1989)
• "Labor and Employment in the Theatre Industry," ShoWest Intro by Boxoffice Magazine (1988)
• "Coping with COBRA--The New Federal Health Insurance Law, "Labor and Employment Law News of the State Bar of California (Fall 1986)
• "Employer Rights: An Endangered Species," The 28th Annual Personnel and Industrial Relations Association Conference (Winter 1985)
• "Wrongful Discharge," California Society for Health Care Attorneys Journal (1984)
• "Wage Setoffs: The Do's and Don'ts of Deductions," Los Angeles Lawyer (February 1983)
• "Sexual Harassment in the Work Place," Rural Telecommunications Journal (Winter 1982) 
• "Comparable Worth: An Emerging Doctrine," Rural Telecommunications Journal (Summer 1982)  
• "The New California Fair Employment and Housing Regulations: A Case of Administrative Overreaching," Employee Relations Law Journal, Vol. 6, No. 2  
• "A Lawyer's Guide to U.S. Wage and Price Standards," Los Angeles Lawyer
• "First Amendment Protection of Shopping Center Picketing," Industrial Relations Law Journal, Boalt Hall School of Law

Labor and Employment Law Blog Posts

• "New DOL Exemption Rule Requires Two-Step Salary Increases Under FLSA for Exempt Employees," April 30, 2024
• "California Supreme Court Concludes PAGA Actions Cannot be Dismissed as Unmanageable," January 31, 2024
• "Home Depot Files Opening Brief in California Supreme Court Case Set to Determine Validity of Time Clock Rounding," June 5, 2023

• "California Department of Public Health Issues COVID-19 'Employer Playbook,' "  August 5, 2020
• "California Supreme Court Confirms Validity Of Meal Period Waivers For Healthcare Employees," December 12, 2018 
• "Sheppard Mullin Secures Major Victory for Chipotle in Nationwide Misclassification Action By Demonstrating Variations Among Proposed Class Members," April 10, 2017 
• "California Court of Appeal Affirms Validity of Hospital Meal Period Waivers," March 16, 2017
• "Supreme Court Holds That Rest Periods Must Be Free From Duties And Employer Control," January 3, 2017

Books

Media Mentions

Speaking Engagements

• Mr. Simmons has lectured nationally on wage and hour, employment discrimination, wrongful termination, and other labor relations matters.
• He has also been a lecturer at graduate labor law courses presented by the University of California at Los Angeles and the University of Southern California, and has appeared as an authority on labor law and employee benefit issues on the CBS Evening News and NBC Nightly News.

Events

Memberships

Member, California Society for Health Care Attorneys

Member, American Society for Health Care Attorneys

Member, Labor Law and Tax Sections, American and Los Angeles Bar Associations

Member, National Advisory Board, Berkeley Journal of Employment and Labor Law, published by Boalt Hall School of Law at the University of California in Berkeley