Christopher R. Nepacena

Overview

Chris Nepacena is a trusted advisor and seasoned litigator. He represents companies across a broad range of industries in high-stakes employment disputes. Chris delivers strategic, proactive guidance tailored to each client’s operational needs, business objectives, and organizational culture. From pre-litigation investigations and administrative proceedings to complex litigation, Chris guides employers through every phase of the dispute resolution process, developing practical strategies designed to minimize risk and achieve favorable outcomes. With a steadfast focus on protecting employers’ interests and resolving disputes in and out of court, Chris is a reliable partner for navigating challenging employment issues with both clarity and precision.

Known for his ability to craft logical, persuasive, and highly efficient tactical legal strategy, Chris has successfully represented clients in all facets of employment litigation, involving claims of discrimination, harassment, retaliation, wrongful termination, unfair business practices, and wage and hour violations, including matters brought as single-plaintiff actions, class actions, and representative actions under California’s Private Attorneys General Act (PAGA). Chris has a proven track record that includes favorable outcomes achieved through mediation, strategic settlement negotiations, and decisive victories on dispositive motions at both the pleading and summary judgment stages.

Beyond defending employers in litigation, Chris also provides ongoing counsel designed to help organizations prevent disputes before they arise. He advises clients on a broad range of employment matters, including data privacy, regulatory compliance with state and federal laws, hiring and retention practices, workplace investigations, compensation issues, employee accommodation and leaves, crisis management, policy development, management training, and workforce reductions. Through thoughtful counsel and a deep understanding of workplace dynamics, Chris helps employers navigate sensitive personnel matters, promote compliance, and foster stable and effective workplaces.

Combining strategic advocacy, practical judgment, and a client-centered approach to problem solving and client solutions, Chris provides his clients with the guidance and confidence needed to navigate today’s most complex workplace challenges.

Experience

• Represented a multi-state staffing company in a wage-and-hour action involving joint-employer allegations, obtaining a favorable pre-litigation resolution that avoided costly class and representative action litigation
• Successfully defended a regional healthcare provider against claims of discrimination, retaliation, and wrongful termination, securing dismissal of multiple claims through dispositive motion practice
• Defended a Fortune 500 transportation and technology company against claims involving sexual assault, negligent hiring, negligent retention, and negligent supervision
• Represented a nonprofit organization in a high-exposure employment matter involving allegations of gender identity discrimination, harassment, and retaliation, achieving a favorable negotiated resolution
• Successfully defended a healthcare organization against retaliation claims arising from an employee’s complaint regarding alleged unpaid sick leave benefits
• Obtained summary judgment on behalf of dog training company in a multi-party action, resulting in dismissal of all claims against the client
• Defended a California restaurant operator against claims for discrimination, retaliation, meal-and-rest-break violations, unpaid wages, and waiting-time penalties, obtaining a favorable resolution through mediation
• Successfully defended an assisted-living and senior-care provider in a class action and representative PAGA action alleging minimum wage, overtime, meal-and-rest-break, wage-statement, off-the-clock work, and waiting-time penalty violations, developing a litigation strategy that substantially reduced exposure
• Successfully enforced arbitration agreements containing class and representative action waivers on behalf of an HVAC services company, compelling individual arbitration and significantly reducing exposure to class and PAGA claims
• Defended a dental practice against claims of disability discrimination, failure to accommodate, failure to engage in the interactive process, retaliation, and wrongful termination, obtaining a favorable confidential settlement
• Represented a franchise restaurant operator involving whistleblower retaliation, Fair Chance Act allegations, wrongful termination, and final-pay disputes, achieving a favorable resolution without protracted litigation
• Successfully defended an employer against claims of age, race, national origin, and gender discrimination, retaliation, and constructive discharge, resulting in a favorable settlement following extensive discovery and deposition practice
• Represented a technology and construction services company in a high-stakes business and employment dispute involving allegations of breach of fiduciary duty, unfair competition, and misappropriation of confidential information, helping  secure a favorable resolution of the matter
• Defended employers in numerous single-plaintiff actions involving allegations of harassment, discrimination, retaliation, wrongful termination, wage-and-hour violations, and whistleblower claims, obtaining favorable outcomes through dispositive motions, mediation, and settlement negotiations

Publications & Speeches

Publications

• Author, “Navigating CCPA & CPRA Compliance,” 2024

• Author, “CCPA/CPRA: Is Your Company Ready for July 1^st? May 2023
• Author, “Understanding the California Privacy Rights Act (CPRA): A Brief Overview with Regards to Employees, May 2023
• Author, “Ninth Circuit Court of Appeals Strikes Down California’s Ban on Mandatory Arbitration Agreements,” February 2023
• Author, “Emergency Temporary Standard (ETS) – Cal/OSHA Update,” January 2023
• Author, “Supreme Court Rules California Arbitration Agreements Between Employers and Employees Are Enforceable as to Employees’ Individual PAGA Claims,” June 2022
• Author, “California Supreme Court Increases Potential Penalties for Unpaid or Unreported Missed-Break Premiums,” June 2022

Speeches

• Annual Employment Law Update,” Contra Costa County Employer Advisory Counsil Webinar, 2022-2025
• Speaker, “Staying out of Court (Mostly): Arbitration Agreements and PAGA Challenges,” July 2024
• Speaker, Alameda County Bar Association Labor and Employment Symposium, 2023
• Speaker, “From Courtroom to Workplace: Preserving Diversity in Light of Recent Ruling on Affirmative Action,” September 2023

Professional

• Member, California Bar Association
• Member, Labor and Employment Law, American Bar Association
• Member, Labor and Employment Law Section, Litigation Section, California Lawyers Association