Jason W. Kearnaghan

Jason Kearnaghan is a partner and Practice Group Co-Leader of the Labor and Employment Practice Group in the firm's Los Angeles office.

Areas of Practice

Jason represents employers in state and federal courts with respect to all facets of employment law, including wrongful discharge, employment discrimination, retaliation, sexual harassment and hostile work environment. A significant portion of his practice is devoted to the defense of complex wage and hour class action litigation. He has experience representing employers in union negotiations, organizing campaigns, elections, union grievance proceedings and unfair labor proceedings. Jason also represents clients before state and federal administrative agencies, such as the Department of Labor, the Equal Employment Opportunity Commission, the California Department of Fair Employment and Housing, the Division of Labor Standards Enforcement and the National Labor Relations Board.

Prior to joining Sheppard Mullin, Jason practiced business litigation in the healthcare context. His practice included contractual disputes and managed care liability for Fortune 500 healthcare service providers and subsidiaries. He also served in the U.S. Navy Judge Advocate General's Corps as a trial attorney in criminal prosecution.

Honors

• Southern California Rising Star, Super Lawyers, 2013

Articles

Labor & Employment Law Blog Posts

• "Newly Created NLRB Rules Drastically Change the Process for Unions Seeking Recognition of Most Private Sector Employees in the U.S. and Substantially Limits Employee Voting in Secret-Ballot Election," August 30, 2023

• "NLRB Adopts Volatile New Standard for Evaluating Work Rules," August 4, 2023

• "California Mandates COVID-19 Supplemental Paid Sick Leave for Food Sector Workers," April 17, 2020
• "First Day on the Job and on Notice: When the Statute of Limitations Begins for Employer Background Checks," November 21, 2019
• "U.S. Supreme Court to Decide Class Action Waiver Divide," January 23, 2017
• "Supreme Court Holds That Rest Periods Must Be Free From Duties And Employer Control," January 3, 2017

• "Unpersuasive: Federal Judge Invalidates DOL’s New Persuader Rule," November 16, 2016
• "New OSHA Requirements for Employee Involvement and Employer Recordkeeping Take Effect Over the Next Two Months," November 14, 2016
• "Ninth Circuit Invalidates Arbitration Agreement," August 26, 2016
• "Legacy and Grandfathered Agreements are Not Subject to Disclosure Requirements Under the Department of Labor’s New “Persuader” Regulations and Interpretation of the “Advice” Exemption," June 23, 2016
• "A Victory For Employers In California Tip Pooling Case", August 13, 2010
• "The California Supreme Court Upholds The Attorney-Client Privilege", December 2, 2009
• "Sheppard Mullin Wins Major Victory in Challenge to 12-Hour Shift Pay Practices", January 3, 2008
• "California Supreme Court Grants Pre-Class Certification Access to Class Member Contact Information", February 21, 2007

Books

Media Mentions

Speaking Engagements

• "Wage and Hour Laws Seminar," Castle Publications, March 14, 2023
• CalCPA Pasadena, CA Chapter, February 3, 2020
• "Key 2018-19 NLRB Rulings and Reversals Impacting Non-Union and Union Employers," Strafford Webinar, December 3, 2019
• CCWC’s 17th Annual Conference: Legislative & Educational Forum, July 17, 2019
• PIHRA Pasadena Mid-Year Legal Update, October 9, 2018
• "Unions and Right-To-Work Employment Post-Janus Decision: Implications for Public and Private Employers," Strafford Webinar, September 18, 2018
• PIHRA Pasadena Mid-Year Legal Update, October 10, 2017
• "Key 2016 NLRB Rulings Impacting Non-Union and Union Employers: Avoiding Pitfalls in an Evolving Legal Environment," March 9, 2017
• PIHRA Pasadena Mid-Year Legal Update, October 11, 2016
• National Association of Healthcare Recruitment Conference, Las Vegas, Nevada, July 14, 2016
• PIHRA Pasadena Mid-Year Legal Update, March 8, 2016
• ALIS Law Conference, Los Angeles, California, January 26, 2016
• PIHRA Pasadena Mid-Year Legal Update, November 10, 2015
• PIHRA Pasadena Mid-Year Legal Update, April 14, 2015
• PIHRA Pasadena Mid-Year Legal Update, November 11, 2014
• PIHRA Pasadena Mid-Year Legal Update, April 8, 2014
• PIHRA Pasadena Mid-Year Legal Update, November 12, 2013
• PIHRA Pasadena Mid-Year Legal Update, May 14, 2013
• PIHRA Pasadena Mid-Year Legal Update, November 13, 2012
• PIHRA Pasadena Mid-Year Legal Update, February 14, 2012
• PIHRA Pasadena Mid-Year Legal Update, July 12, 2011
• PIHRA Pasadena Mid-Year Legal Update, August 10, 2010

Events