Brian D. Murphy

Brian Murphy is a partner in the Labor and Employment practice group and is based in the New York office. 

Areas of Practice 

Brian is an employment defense litigator defending management in all areas of employment law, with a particular focus on wage and hour class and collective action litigation under Rule 23 and the Fair Labor Standards Act, and class claims under the Fair Credit Reporting Act. In addition to defense litigation, Brian also provides counsel and advice to employers concerning workplace investigation of claims of discrimination, harassment, and retaliation, restrictive covenants, employment contracts, personnel policies, and reductions-in-force. Brian also develops training programs and conducts trainings for clients concerning appropriate workplace behavior and wage and hour compliance. Brian is the co-author of the Wage and Hour Manual for New York Employers, a first of its kind publication addressing wage and hour issues confronted by New York employers arising under federal, state, and local law, and the Employer’s Guide to COVID-19 and Emerging Workplace Issues, the only comprehensive resource for employers in navigating and emerging from the pandemic.

Experience

Tal v. CompuTech International, Inc., No. 21-CV-5773 (JMA) (SIL) (E.D.N.Y. Dec. 1, 2022) (granting Rule 12(b)(6) motion to dismiss on claims alleging entitlement to post-termination commissions)

Excel Sports Management, LLC v. Klutch Sports Group, LLC, No. 2022-01640 (App. Div. 1^st Dep’t May 26, 2022) (securing preliminary appellate injunction overturning trial court decision and enforcing non-compete agreement prohibiting former employee from working for competitor)

Hossain v. Manhattan Sheraton Corp. d/b/a The St. Regis New York, No. 20-CV-3966-DG-PK (E.D.N.Y. Aug. 31, 2022) (securing summary judgment dismissing all age, race, and national origin claims under ADEA, Title VII, New York State Law, and New York City Law)

Long Island Anesthesia Physicians LLP v. Wagner, et al, No. 608765/2020E (Sup. Ct. Suffolk Cnty. Oct. 6, 2020) (defeating motion for preliminary injunction seeking to prohibit employee from working for our client)

Quinones v. Stuart Weitzman, LLC, No. RG18907349 (Sup. Ct. Almeda Cnty. Sept. 2020) (securing summary judgment dismissing Fair Credit Reporting Act and related California State Law claims)

Robertson v. Williams-Sonoma, Inc., et al., L-1493-17 (N.J. Sup. Ct. Oct. 11, 2018) (granting motion for summary judgment dismissing various tort claims for injuries sustained at work pursuant to “special employer” and “intentional wrong” standards under New Jersey Workers’ Compensation Act)

Scott v. Chipotle Mexican Grill, Inc., Case No. 12-CV-8333 (S.D.N.Y. Mar. 29, 2017) (order denying class certification, and granting decertification, of wage and hour claims based upon misclassification theory)

Elite Model Management, LLC v. DAS Model Management, LLC, Case No. 2017-001953-CA-01, (Miami-Dade Cty. Jan. 31, 2017) (order granting preliminary injunction and temporary restraining order on restrictive covenant and tortious interference claims)

Echavarria v. Williams Sonoma, Inc., Case No. 15-6441 (D.N.J. Mar. 16, 2016) (order granting summary judgment and denying class certification of wage and hour claims based upon independent contractor status)

Twomey v. Quad/Graphics, Inc., Case No. 13-CV-1109 (S.D.N.Y. Sept. 28, 2015) (order granting summary judgment to defendants on breach of contract, age discrimination, and national origin discrimination claims)

Whitt v. Prosper Funding LLC, No. 15-CV-0136 (S.D.N.Y. July 14, 2015) (granting motion to dismiss and compel arbitration of disability discrimination claim)

Mann v. Staples, Inc., No. A-5188-10T4 (N.J. App. Div. Aug. 1, 2012) (affirming grant of summary judgment dismissing sexual harassment and retaliation claims)

Nolley v. Swiss Reinsurance America Corp., No. 10-CIV-7626 (S.D.N.Y. Mar. 8, 2012) (granting summary judgment dismissing race discrimination and retaliation claims)

Jaafari v. The Bank of Tokyo-Mitsubishi UFJ, Ltd., No. 10-CV-4060 (S.D.N.Y. Sept. 2, 2011) (granting summary judgment dismissing race, sex, religion, national origin, and disability discrimination claims, as well as whistleblowing claims) 

Turowski v. Triarc Companies, Inc., No. 09-CV-3979 (S.D.N.Y. Jan. 5, 2011) (granting summary judgment dismissing disability discrimination and failure to accommodate claims)

Connolly v. The TJX Companies, Inc., No. 07-CV-3282 (E.D.N.Y. Dec. 30, 2010) (granting summary judgment dismissing hostile work environment and retaliation claims) 

Mekhitarian v. Deloitte & Touche (ICS), LLC, No 07-CV-0412 (C.D. Cal. Nov. 3, 2009) (denying class certification of wage and hour claims based upon misclassification theory)

Dominguez v. Costco Wholesale Corp., No. 05-5717 (D.N.J. Mar. 10, 2009) (granting summary judgment on NJ Conscientious Employee Protection Act (whistleblowing) claim) 

Gimello v. Costco Wholesale Corp., No. A-1506-07T31506 (N.J. App. Div. Dec. 8, 2008) (affirming grant of summary judgment on NJ Conscientious Employee Protection Act (whistleblowing) claim)

Perugini v. Stryker Orthopaedics, No. 05-CV-1289 (D. Conn. Feb. 22, 2007) (granting summary judgment on age discrimination, sexual harassment, and retaliation claims)

DeLuca v. The Bank of Tokyo-Mitsubishi UFJ, Ltd., No. 06-CIV-5474 (S.D.N.Y. Mar. 31, 2008) (granting summary judgment on age and national origin discrimination claims)

Honors

New York Metro Super Lawyers, Super Lawyers, 2019-2022

Labor and Employment, Legal 500, 2016-2018

New York Rising Star, Super Lawyers, 2013-2018

Articles

• Co-author, "Rethinking The Use of Credit Histories In the Hiring Process," HRAdvisor, March/April 2011
• Co-author, "Forever Yours: In 'Ashland-Management'," Confidential Knows No Bounds, NYLJ, March 23, 2009 
• Co-author, "The Sword and Shield: Protective Orders Guard Against Unwarranted Depositions of Executives," NYLJ, October 3, 2008
• Co-author, "The Forgotten Overtime Exemption," Workforce Management, May 29, 2008

Labor and Employment Law Blog Posts

• "New Year, New Rules: New York Employees May Begin Taking Paid Sick Leave January 1, 2021," January 4, 2021
• "New York State Amends WARN Act to Require Additional Notifications," November 30, 2020
• "New York State Releases First Guidance on New Paid Sick Leave Law," October 23, 2020
• "Reminder: Accrual Requirements Under New York State’s New Paid Sick Leave Law Effective September 30, 2020," September 30, 2020
• "Independent Contractor v. Employee: DOL Releases Proposed Rule Clarifying Test for Classification of Workers," September 30, 2020
• "New York State Passes Guaranteed Sick Leave for Working New Yorkers Beyond COVID-19," April 7, 2020
• "Southern District of New York Invalidates State Ban on Mandatory Arbitration of Harassment and Discrimination," July 10, 2019 
• "United States Department of Labor Issues Final Rule Concerning Minimum Salary Threshold to Qualify for Exemption from Overtime Under the Fair Labor Standards Act," March 8, 2019 
• "Sheppard Mullin Secures Major Victory for Chipotle in Nationwide Misclassification Action By Demonstrating Variations Among Proposed Class Members," April 10, 2017 
• "Second Circuit Imposes Individual Liability on New York Mayoral Candidate for Fair Labor Standards Act Settlement," July 12, 2013
• "Second Circuit Overturns Class Certification Order in Assistant Branch Manager Overtime Case," June 5, 2013

Books

Media Mentions

Speaking Engagements

• "Ask the Lawyers: The Coronavirus and Labor Law," NMHC OPTECH Conference & Exposition, November 16-19, 2020

Events

Digital Media