Robin Repass

Shareholder Denver | San Francisco

Robin Repass is a shareholder in the Denver and San Francisco offices of Ogletree Deakins. Ms. Repass has over 20 years of employment law experience, and advises clients in safety-sensitive industries including construction, automobile manufacturing, mining, and renewable energy sectors. In addition to her history as a litigator, Ms. Repass has in-house workplace safety experience advising clients regulated by federal and state plan Occupational Safety and Health Administration (OSHA) requirements. Prior to joining Ogletree Deakins, Ms. Repass was in-house Global Environmental, Safety, and Health (EHS) counsel with SolarCity and Tesla, Inc. Ms. Repass is also experienced in defending mining industry employers in whistleblower discrimination claims under §105(c) of the Federal Mine Safety and Health Act (Mine Act), including appeals to the Tenth Circuit Court of Appeals. Ms. Repass is involved in a number of organizations focused on workplace safety issues, including the California Solar Energy Industries Association (CALSEIA), where she chairs the Health and Safety Committee.

Areas of Ms. Repass’ practice experience include employment discrimination counseling and litigation, traditional labor law and unfair labor practice charges, whistleblower investigations, internal audit compliance investigations, complex investigations (including allegations of improper conduct by executives and “me too” sexual harassment claims), administering modified duty and other return to work programs under the Americans with Disabilities Act (ADA) and state worker’s compensation programs following both work-related and non-work-related injuries, administrative litigation and appeals involving federal and state plan OSHA citations, advising and defending employers regarding reductions in force and the Worker Adjustment and Retraining Notification Act (WARN), whistleblower claims under §105(c) of the Mine Act, retaliatory discharge claims, wage and hour issues under Colorado law and the Fair Labor Standards Act (FLSA), Family and Medical Leave Act (FMLA) issues, Equal Employment Opportunity Commission (EEOC) charges of discrimination and companion state agencies in Colorado and Wyoming, preparation and defense of covenants against competition, severance agreements, employee handbooks, and OSHA-compliant safety policies, including incident investigation protocols. Her experience includes defense of employers in multi-plaintiff and complex litigation arising out of the employment relationship, such as defense of EEOC public enforcement actions and class action litigation based on the WARN Act.

In her advice and counseling practice for compliance with federal and state plan OSHA requirements, Ms. Repass works directly with in-house attorneys and EHS team members in safety-sensitive industries, including automobile manufacturing, solar energy, construction companies, electrical contractors, commercial maintenance and housekeeping companies, and staffing agencies to advise on multiple areas of OSHA compliance, including asbestos and lead management plans, heat illness prevention plans that meet the requirements of California OSHA (Cal/OSHA), injury and illness prevention programs, respiratory safety programs, fall protection standards, injury reporting and recording (including preparation of OSHA 300, 300A and 301 forms), preparation of safety manuals and disciplinary coaching programs, lone worker protection, and workplace violence prevention. Ms. Repass also offers training to her clients on responding to OSHA inspections, drug testing policies, and conducting direct threat assessments under the ADA in safety-sensitive positions, as well as other specialty topics tailored to the needs of each client or industry.

In addition, Ms. Repass has experience advising and defending colleges and universities in actions involving employees and students, including Title IX of the Education Amendments of 1972, The Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (Clery Act) and the Family Educational Rights and Privacy Act (FERPA).

Ms. Repass represents employers before the EEOC, Colorado Civil Rights Division (CCRD), CAL/OSHA, OSHA (federal, California, Oregon, and Washington state plans), the National Labor Relations Board (NLRB), the Colorado and U.S. Department of Labor, the Federal Mine Safety and Health Review Commission (FMSHRC) and the U.S. Department of Education, as well as full representation at all local and federal trial court and appellate levels.


Experience

  • Defended employers in numerous OSHA citations and investigations, including fatality investigations, under federal OSHA, and state plans in California, Oregon, and Washington. Employers including automobile manufacturers, residential and solar installers, construction companies, temporary worker and staffing companies, maintenance companies, electrical contractors, steel companies, residential housing, transportation companies, steel erectors and suppliers, and warehouse operations.
  • Defended operators in numerous hearings before the Federal Mine Safety and Health Review Commission (“Review Commission”), Office of Administrative Law Judges, in whistleblower claims under §105(c) of the Mine Act, including arguing appellate matters before the Tenth Circuit Court of Appeals.
  • Litigated on behalf of employers in various industries (automobile dealers, charter schools, universities, banking institutions, retail establishments and franchisees, electrical manufacturer’s representatives, staffing agencies, and mining industries) to full trial verdict in litigation involving the Age Discrimination in Employment Act (ADEA), racial discrimination claims under 42 U.S.C. §1981 and Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act (ADA), Colorado Anti-Discrimination Act (CADA) and retaliation-based claims in state and federal courts of Colorado, Tennessee, and Wyoming.
  • Represented employers in countless charges of discrimination filed with the EEOC and CCRD.
  • Briefed and argued various employment discrimination matters before the Tenth Circuit Court of Appeals.
  • Served as lead counsel for mining operator in litigation under the WARN Act, resulting in successful dismissal through the summary judgment process.
  • Defended multiple NLRB unfair labor practice investigations and charges on behalf of automobile dealers, energy companies, mining operators, and universities.

Professional Activities and Speeches

Professional Activities:

  • California Solar Industry Energy Association (CALSEIA) (Installer Safety Committee Chair, 2015 - present)
  • California Women in Energy
  • American Society of Safety Engineers (ASSE)
  • American Bar Association
  • California Bar Association
  • Colorado Bar Association
  • Colorado Women's Bar Association

Speeches:

  • Ogletree Deakins Webinar - ''Workplace Violence: Best Practices for Keeping Employees Safe in the Workplace'' - June 12, 2018
  • Defense Lawyers Association of Wyoming and Colorado Defense Lawyers Association, Joint Presentation - ''When OSHA Comes Knocking. . .What Now?'' - Denver - June 07, 2018
  • Ogletree Deakins Workplace Strategies Seminar - ''Panel Discussion: The Straight Dope on Opioids and Marijuana'' - Phoenix - May 10, 2018
  • The Seminar Group - ''OSHA and Workplace Violence'' - Portland - May 08, 2018
  • Employment Law Beyond the Basics seminar sponsored by Sterling Educational Services, Inc. - ''Sexual, Racial, and Other Harassment and Discrimination'' - Denver - April 2014
  • 2012 Critical Issues Conference, International Society of Mine Safety Professionals - ''Drug and Alcohol Testing in the Safety Sensitive Environment'' - Reno - September 2013
  • Colorado Defense Lawyers Association (CDLA) Annual Conference - ''Overview of Colorado Wage and Hour Laws, with Current Hot Button Issues'' - Crested Butte - July 2012
  • Joint Safety Committee of the Colorado Stone Sand and Gravel Association (CSSGA) and the Colorado Ready Mixed Concrete Association (CRMCA) - ''Marijuana in the Workplace'' - Denver - March 2012
  • NACUA Higher Education Law SIG Workshop - ''Active Duty and Veteran Military Employer Issues'' - Seattle - March 2012
  • ASSE - ''Business Writing Skills From An Attorney's Perspective'' - Denver - April 2011

Media

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