Overview
Sean Kingston represents employers of all sizes in class, representative, collective, and individual litigation, from inception through trial.
Sean practices before state and federal courts at the trial and appellate levels. Sean represents employers in various disputes, including wage and hour matters, trade secret and non-compete litigation, discrimination, harassment, retaliation and wrongful termination. In his litigation practice, Sean has extensive experience resolving matters involving the Private Attorney General Act (PAGA) either through dismissals or through settlements.
Sean brings a business-oriented and analytical approach to his practice, drawing upon a background in policy and management analysis.
Clients look to Sean to provide preventive counseling to employers, and he advises clients in handling workplace investigations, termination and discipline, reductions in force, worker classification, data privacy, and workplace violence. Sean assists in drafting employment contracts, independent contractor agreements, employment policies, and workplace violence prevention plans. Sean provides guidance regarding compliance with all aspects of local, state and federal labor and employment laws.
During law school, Sean served as an extern for the Honorable Richard D. Fybel of the California Court of Appeal, Fourth District, Division Three; externed for the Honorable Kathleen Mulligan of the EEOC; and clerked for the Huntington Beach City Attorney’s Office.
Experience
Experience
- Obtained defense verdict on behalf of garment manufacturer in breach of employment contract dispute.
- Obtained verdict in favor of nail salon and massage chain in unfair competition arbitration.
- Secured dismissals of agency investigations, including the EEOC, DFEH, DLSE, and EDD.
- Second Chair trial counsel for national company in class action/PAGA dispute in a case of first impression, involving rest period claims and 24-hour agreements.
- Advised international clothing retailer regarding social influencer program implementation.
- Spearheaded Activity-Based Costing/Management Program implementation for U.S. Coast Guard
Honors & Leadership
Community Activities
- Member, Beverly Hills Bar Association
- Member, Los Angeles County Bar Association
- Member, Orange County Bar Association, Litigation and Labor & Employment Law Sections
- Member, CAM-I (Consortium of Advanced Manufacturing-International)
- Member, Urban Planning Institute
Insights
Seminars & Speaking Engagements
- Insurance: Employment Attorney’s Perspective (May 2018)
- HR Recordkeeping Update (CA): Stay Compliant in 2018 (Nov 2017)
- Workplace Violence Prevention in Healthcare (Feb 2017)
- Human Resources Best Practices (May 2016)
- Data Breach Prevention and Response-Moderator/Panelist (Feb 2016)
Articles
- Workplace Violence Prevention Efforts Require Holistic, Scalable Approach, Total Security Daily Advisor (9.3.19)
- Call for Federal Legislative Changes Growing in the Gig Arena-Gig Employer Blog (1.9.19)
- Examining the Dynamex ‘ABC Test’ by Various On-Demand Worker Types-Gig Employer Blog (5.7.18)
- Benefits for the Gig Workforce: Is there a Solution that Won’t Defeat the Business Model?-Gig Employer Blog (2.19.18)
- Could Labor Law Waivers Foster Legislative Change and Spur the Gig Economy-Gig Employer Blog (11.13.17)
- Uber Forced to Carry on its Defense of ‘On Call’ Claims-Gig Employer Blog (10.6.17)
- Could Barring Former Employees From Your Premises Lead to a Lawsuit?-Hospitality Update (9.5.17)
- Prevention is Key [Er…Required]: Will Your State Soon Mandate Workplace Violence Prevention Programs?-Healthcare Update (8.1.17)
Blog Posts
- Gig Employer Blog1.14.19
- Gig Employer Blog5.8.18
- Gig Employer Blog2.19.18
- Gig Employer Blog11.13.17
- Gig Employer Blog10.6.17
Practices
Education
- UCLA School of LawJ.D. 2010
- University of Southern CaliforniaB.S. 2003 magna cum laude
Bar Admissions
- California
Court Admissions
- California Supreme Court
- U.S. District Court for the Central District of California
- U.S. District Court for the Northern District of California