Sean Kirby

Sean Kirby is a special counsel in the Labor and Employment Practice Group in the firm's New York Office.

Firm/Organization: Sheppard, Mullin, Richter & Hampton LLP

Blogs: Cannabis Law Blog, Corporate & Securities Law Blog, Healthcare Law Blog, Labor & Employment Law Blog

Latest Articles

Labor & Employment Law Blog

New Jersey Significantly Modifies the New Jersey WARN Act to Require Severance Pay for Mass Layoffs

By James Hays, Sean Kirby & Myles Moran*

February 10, 2020

On January 21, 2020, New Jersey Governor Phil Murphy signed Senate Bill 3170 (the “amendments” or “NJ WARN Act”) into law making New Jersey the first state in the nation to require severance pay for mass layoffs. The law, scheduled to go into effect on July 19, 2020, will make it dramatically more expensive for companies to conduct a large scale reduction in force in New Jersey.…

Labor & Employment Law Blog

New York Targets Members of Out-of-State LLCs in New Wage Theft Bill

By James Hays, Sean Kirby & Myles Moran*

January 6, 2020

Effective February 10, 2020, the top ten members of an out-of-state limited liability company (“LLC”) can be held personally liable for violations of New York’s wage and hour laws. The bill, signed on December 12 by Governor Andrew Cuomo, amends New York’s LLC Law which previously only extended individual liability for unpaid wages to owners of domestic LLCs (text available here).…

Labor & Employment Law Blog

Department of Labor Issues Final Rule on Calculating the Regular Rate of Pay Under the Fair Labor Standards Act

By James Hays, Sean Kirby & Jamie Moelis*

January 2, 2020

On December 12, 2019, for the first time in 60 years, the U.S. Department of Labor (DOL) announced a final rule clarifying the types of benefits that must be included in determining an employee’s “regular rate of pay” when calculating overtime wages. This new rule becomes effective January 15, 2020.…

Labor & Employment Law Blog

New Jersey Bill Would Codify a Stricter Version of ABC Test for Determining Independent Contractor Status

By James Hays, Sean Kirby & Myles Moran*

November 14, 2019

On November 7th a bill was introduced in the New Jersey legislature that would, like California’s AB 5 (see our previous blog here), codify a stricter version of the ABC test for determining independent contractor classification. The bill, S4204 (text available here), also affirms New Jersey courts’ use of the ABC test under the state’s unemployment law, Wage and Hour Law, Wage Payment Law, and other contexts.…

Cannabis Law Blog

New York City Council Passes Legislation Banning Marijuana Testing of Job Applicants

By Sean Kirby

July 16, 2019

On April 9, 2019, New York’s City Council passed legislation, available here, which will prohibit employers from requiring prospective employees to submit to testing for tetrahydrocannabinols (THC), the active ingredient in marijuana, as a condition of employment. If, as expected, Mayor Bill de Blasio signs the law into effect, the New York City Human Rights Law will be amended to make it a discriminatory practice to require pre-employment marijuana testing of employees in New…

Labor & Employment Law Blog

New York State Legislature Enacts Sweeping Changes to Combat Sexual Harassment

By Sean Kirby & Danielle Thompson

June 24, 2019

On June 19th, the New York State Senate and Assembly voted to pass omnibus legislation greatly strengthening protections against sexual harassment. While the bill, SB 6577, is still waiting for the Governor’s signature, Governor Cuomo supported the legislation and plans to sign the bill when it is sent to his desk. The legislation is the product of two legislative hearings that took place early this year, inspired by a group of former legislative staffers…

Labor & Employment Law Blog

New York City Council Passes Legislation Banning Marijuana Testing of Job Applicants

By Sean Kirby & Jamie Moelis*

April 16, 2019

Labor & Employment Law Blog

New Jersey Minimum Wage Set to Increase to $15 Per Hour by 2024

By Sean Kirby & Jamie Moelis*

February 12, 2019

On February 4, 2019, New Jersey Governor Phil Murphy signed into law legislation, available here, which gradually raises the minimum wage in New Jersey to $15 per hour by the year 2024 for many workers in New Jersey. Under this law, for employers with more than six employees, the current New Jersey statewide minimum wage of $8.85 will incrementally rise to $15 per hour as follows: Date of Increase Minimum Wage Amount July 1,…

Labor & Employment Law Blog

New Jersey Department of Labor and Workforce Development Issues Proposed Regulations For the New Jersey Sick Leave Act

By Sean Kirby & Jamie Moelis*

October 22, 2018

As detailed previously here, the New Jersey Paid Sick Leave Act (the “Act”), goes into effect October 29, 2018. In general, the Act allows New Jersey employees to accrue one (1) hour of sick leave time per thirty (30) hours worked, and allows New Jersey employees to use earned sick leave time for: (i) diagnosis, care, treatment of, or recovery from the employee’s mental or physical illness, injury or other adverse health condition, or…

Labor & Employment Law Blog

Upcoming Deadlines For New York City Employers: New York City Commission on Human Rights Publishes Poster and Fact Sheet on Sexual Harassment

By Sean Kirby

August 17, 2018

As previously reported in a prior article, in May 2018, New York City Mayor Bill de Blasio signed into law the Stop Sexual Harassment in NYC Act (the “Act”). The Act provides, among other things, starting September 6, 2018, all New York City employers must display the New York City Commission on Human Right’s (“NYCCHR”) new anti-sexual harassment poster in a conspicuous place in the workplace and provide the information to employees at the…

Sean Kirby

New Jersey Significantly Modifies the New Jersey WARN Act to Require Severance Pay for Mass Layoffs

New York Targets Members of Out-of-State LLCs in New Wage Theft Bill

Department of Labor Issues Final Rule on Calculating the Regular Rate of Pay Under the Fair Labor Standards Act

New Jersey Bill Would Codify a Stricter Version of ABC Test for Determining Independent Contractor Status

New York City Council Passes Legislation Banning Marijuana Testing of Job Applicants

New York State Legislature Enacts Sweeping Changes to Combat Sexual Harassment

New York City Council Passes Legislation Banning Marijuana Testing of Job Applicants

New Jersey Minimum Wage Set to Increase to $15 Per Hour by 2024

New Jersey Department of Labor and Workforce Development Issues Proposed Regulations For the New Jersey Sick Leave Act

Upcoming Deadlines For New York City Employers: New York City Commission on Human Rights Publishes Poster and Fact Sheet on Sexual Harassment

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