People: Andrew M. McNaught, Partner

Andrew M. McNaught

Partner

San Francisco
Direct: (415) 544-1022
Fax: (415) 397-8549
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Andrew M. McNaught is a partner in the Labor & Employment Department of Seyfarth Shaw LLP. His practice focuses on defending employers against single and multi-plaintiff claims for discrimination, retaliation, and harassment, as well as against high exposure wage and hour class action claims arising under the California Labor Code and the FLSA. He also routinely handles wrongful termination, breach of contract, and other employment-related tort and contract claims.
Mr. McNaught's experience includes litigation in both state and federal courts, including jury trials, and before administrative agencies. He has secured defense jury verdicts in the California Superior Courts in the counties of San Francisco and Alameda. He also handles binding labor arbitrations arising under collective bargaining agreements. He has represented clients in labor disputes and union organizing campaigns before Federal and State administrative agencies.

In addition to his litigation practice, Mr. McNaught also provides frequent counseling and advice to clients regarding a wide variety of laws affecting the employment relationship, including the California Fair Employment and Housing Act, Title VII, the Americans with Disabilities Act, the California Labor Code, the Fair Labor Standards Act, and other state and federal statutes. Mr. McNaught advises employers regarding workplace issues including internal complaints, workplace investigations, leaves of absence, and the interactive process. He also regularly reviews employer policies for compliance under state and federal law, and he drafts, reviews, and negotiates executive employment contracts.

Mr. McNaught has handled litigation for and provided counseling to clients in a variety of industries, including health care, construction, hospitality, the arts, airline transportation, financial and professional services, defense contractors, retail, and high technology. In addition to his labor and employment practice, Mr. McNaught has significant experience litigating copyright, contract, and personal injury cases.

Mr. McNaught was a Judicial Extern in 2000 to the Honorable Marilyn Hall Patel, then Chief U.S. District Judge for the Northern District of California. In 2009 and 2010, he was cited as a “Northern California Rising Star” in the Labor & Employment field by the Super Lawyers publication.

Andrew M. McNaught is a partner in the Labor & Employment Department of Seyfarth Shaw LLP. His practice focuses on defending employers against single and multi-plaintiff claims for discrimination, retaliation, and harassment, as well as against high exposure wage and hour class action claims arising under the California Labor Code and the FLSA. He also routinely handles wrongful termination, breach of contract, and other employment-related tort and contract claims.
Mr. McNaught's experience includes litigation in both state and federal courts, including jury trials, and before administrative agencies. He has secured defense jury verdicts in the California Superior Courts in the counties of San Francisco and Alameda. He also handles binding labor arbitrations arising under collective bargaining agreements. He has represented clients in labor disputes and union organizing campaigns before Federal and State administrative agencies.

In addition to his litigation practice, Mr. McNaught also provides frequent counseling and advice to clients regarding a wide variety of laws affecting the employment relationship, including the California Fair Employment and Housing Act, Title VII, the Americans with Disabilities Act, the California Labor Code, the Fair Labor Standards Act, and other state and federal statutes. Mr. McNaught advises employers regarding workplace issues including internal complaints, workplace investigations, leaves of absence, and the interactive process. He also regularly reviews employer policies for compliance under state and federal law, and he drafts, reviews, and negotiates executive employment contracts.

Mr. McNaught has handled litigation for and provided counseling to clients in a variety of industries, including health care, construction, hospitality, the arts, airline transportation, financial and professional services, defense contractors, retail, and high technology. In addition to his labor and employment practice, Mr. McNaught has significant experience litigating copyright, contract, and personal injury cases.

Mr. McNaught was a Judicial Extern in 2000 to the Honorable Marilyn Hall Patel, then Chief U.S. District Judge for the Northern District of California. In 2009 and 2010, he was cited as a “Northern California Rising Star” in the Labor & Employment field by the Super Lawyers publication.

Education

  • J.D., University of California - Hastings (2000)

    Judicial Extern to Hon. Marilyn Hall Patel, then Chief U.S. District Judge for the Northern District of California (2000)
    American Jurisprudence Award in Legal Writing & Research
    Teaching Assistant in Legal Writing & Research Program
    CALI Award in Disability Law

    B.A., Brown University (1992)

Admissions

  • California

Courts

  • U.S. Court of Appeals for the Ninth Circuit
  • U.S. District Court for the Eastern, Central, and Northern Districts of California

Affiliations

  • California Bar Association (Labor and Employment Section)
  • Bar Association of San Francisco

Representative Engagements

Representative Wage & Hour Class Actions

  • Karsner, et. al. v. Jiffy Lube International, Inc. (Misclassification and other class claims under the California Labor Code)
  • Tawnya Stenroos, et al. v. Core-Mark International, Inc. (Class claims for improper business expense reimbursements under the California Labor Code)
  • Randall, et al. v. Costco Wholesale, Inc. (Misclassification and other class claims under the California Labor Code)
  • Stringer/Steele v. Kaiser Foundation Hospitals (Misclassification and other class claims under the California Labor Code)
  • Alvarado v. Costco Wholesale, Inc. (“off the clock” and other class claims under the California Labor Code)
  • Martin v. Kaiser Foundation Hospitals, et al. (Misclassification and other class claims under the California Labor Code)
  • Barczak v. Keystone Engineering, Hamilton Sundstrand, et al. (Non-conforming out of state payroll checks, and other class claims under the California Labor Code)

Other Representative Matters

  • Pamela Dale v. San Francisco Opera Association (2009, San Francisco County) (Won summary judgment on plaintiff’s claims for breach of contract and various employment torts)
  • Bob Wright v. United Air Lines, et al. (2009, USDC, Northern District of California) (Obtained Rule 12(b)(6) dismissal of plaintiff’s claims for discrimination, harassment, and failure to accommodate under federal and state laws)
  • Grandov v. Carrier Corporation, et al. (2008, San Mateo County) (Secured summary adjudication of plaintiff’s FEHA claims for discrimination and harassment, and various employment torts and contract claims)
  • Darmousseh v. Pratt & Whitney (2007, California Dept. of Labor Standards Enforcement) (Obtained dismissal following hearing on claimant’s misclassification and expense reimbursement claims before the California Labor Commissioner)
  • James G. Kelley v. The Regents of The University of California (2005, Alameda County) (Unanimous defense jury verdict on all claims after a four week disability discrimination trial)
  • Ruedi Thoeni, M.D. v. The Regents of the University of California (UCSF Medical Center) (2004, San Francisco County) (Defense verdict following three week jury trial on plaintiff’s claims of sexual orientation, and age discrimination, and retaliation)

Presentations

  • Rising Stars Roundtable Discussion at JAMS: “Litigation and ADR in the Future.” Participated by invitation of Judge Rebecca Westerfield at JAMS. San Francisco, CA (September 2009)
  • “Discrimination in Employment: Basics,” San Francisco, CA (March 2009)
  • “Recent Developments in Tip Pooling Cases,” San Francisco, CA (June 2008)
  • Attorney Employment Law Training for SF AIDS Legal Referral Panel, San Francisco, CA (June 2007)

Publications

  • Chapter Author, “Chapter 9 - Unique California Class Issues,” Wage & Hour Collective and Class Litigation, ALM Law Journal Press (2012). Definitive treatise on wage and hour litigation.

Accolades

  • Super Lawyers, Northern California Rising Star, Labor & Employment (2009 and 2010)