Photo of Brian D. Murphy

Brian D. Murphy

Partner
New York
F: 212.655.1719

Industries

Education

  • J.D., Saint John's University School of Law, cum laude, 2004
  • B.A., University of Buffalo, 2001
  • New York
  • United States Court of Appeals for the Second Circuit
  • United States District Court for the Southern, Eastern and Western Districts of New York
Overview
Honors
Experience
Thought Leadership

Overview

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

Areas of Practice 

Mr. Murphy 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, Mr. Murphy 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. Mr. Murphy also develops training programs and conducts trainings for clients concerning appropriate workplace behavior and wage and hour compliance.

Honors

  • Labor and Employment, Legal 500, 2016-2018
  • New York Rising Star, Super Lawyers, 2013-2017

Experience

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)

Thought Leadership

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

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