
Robert D. Wilson III is a seasoned, trial-focused employment litigator who concentrates on complex wage and hour class action litigation and representative actions under California’s Private Attorneys General Act (PAGA). Robert also litigates single-plaintiff FEHA employment cases involving claims of harassment, discrimination, retaliation and wrongful termination. Robert’s class and PAGA practice centers on systemic workplace violations by employers involving meal period and rest break compliance, minimum wage compliance, unreimbursed business expenses, regular rate compliance and large-scale employment practices affecting thousands of workers within California and across the nation in other states.\
Robert has been practicing employment law for over 25 years. He brings a strategic approach as a former big law defense Partner at national law firms Fisher Phillips and Gordon Rees. Robert was one of the lead attorneys in the landmark California Supreme Court case Brinker Restaurant Corp. v. Superior Court (Hohnbaum) (2012) 53 Cal.4th 1004 where he filed the case and litigated to successful resolution. This landmark wage and hour class action addressed the proper interpretation of California’s meal and rest break statutes. In Brinker, the California Supreme Court articulated the standards on employee entitlements to, and employer obligations for, providing meal and rest breaks in California and more importantly, the availability of class action treatment for these claims. This landmark case ushered in today’s wage and hour class actions and PAGA environment benefitting employees throughout California. Brinker is now cited in almost every case.
Robert is known for bringing a disciplined trial architecture to every case. He develops structured evidence through strategic depositions, including depositions of corporate officers (PMK), compliance failure mapping, and damages modeling designed to withstand scrutiny in trial and class certification motions. His litigation approach focuses on translating corporate policies, operational practices, and training systems into clear judicial findings and enforceable monetary, and injunctive relief, changing how employers operate and do business.
Robert is admitted to practice law in five (5) jurisdictions: California, New York, Arizona, Massachusetts, and the District of Columbia. His multi-jurisdictional admissions provide him with a broad perspective on employment law enforcement and complex civil litigation strategy across multiple courts and regulatory environments.
Robert holds an AV Preeminent® rating from Martindale-Hubbell (the highest award available for ethics and legal ability) and a Superb Attorney rating from Avvo. San Diego Magazine has named Robert a Top Lawyer in Employment Law since 2017 among his numerous accomplishments and awards. Colleagues frequently recognize Robert for his preparation, courtroom command, and leadership in prosecuting complex litigation.
Mr. Wilson earned his Juris Doctor from Albany Law School in Albany, NY (America’s oldest independent law school) and is proud to be the first lawyer in his family. In addition to his litigation practice, Robert is committed to raising and mentoring his two young daughters and advancing high quality advocacy in employment law through litigation strategy and trial preparation.