Andrew M.McKinley
Partner
Labor & Employment
amckinley@seyfarth.com
Andrew partners with clients to gain a full understanding of their needs and goals to help address their short-term needs, while also putting them in a position for long-term success.
More About Andrew
Andrew advises corporate clients and individuals in all aspects of complex employment litigation. Andrew’s practice focuses primarily on the defense of class and collective actions, particularly disputes pertaining to alleged wage-and-hour violations and discriminatory practices. A number of these class and collective actions concern issues that arise out of gig economy work and alleged joint employment relationships. Andrew also conducts audits of company’s classifications of employees under the FLSA, and provides other employment-related advice, including with respect to non-competes, contracts, and policies. Andrew also served as a law clerk to the Honorable Karla R. Spaulding of the US District Court for the Middle District of Florida.
- JD, Emory University School of Law
With honors
Emory Law Journal, executive managing editor
Recipient, Blue Pen Award for Excellence in Editing - BA, University of Notre Dame
- Florida
- Georgia
Related Services
- Represented company in nationwide FLSA collective action by call center representatives seeking compensation for computer boot time and alleged off-the-clock work.
- Represented company in Rule 23 class action alleging racially hostile work environment.
- Represented company in collective and class action claiming misclassification of employees as exempt from overtime pay.
- Obtained summary judgment on retaliation and discrimination claims. Successfully briefed appeal before the Eleventh Circuit.
- Conducted FLSA classification audits assessing the applicability of the administrative exemption to assistant managers.
Related News & Insights
-
Webinar
Mar 6, 2024
Webinar Recording: Time Well Spent Session 6: Independent Contractor and Joint Employment Developments
-
Webinar
Feb 29, 2024
Webinar Recording: What Businesses Need to Know About the DOL's New FLSA Independent Contractor Rule
-
Media Mentions
01/25/2024
Andrew McKinley and Kyle Winnick Provide Insights on the Independent Contractor Rule in Xpert HR
-
Media Mentions
01/10/2024
Andrew McKinley Discusses DOL's New Independent Contractor Rule in SHRM
- Co-Author, "Department of Labor Issues Final Rule on Independent Contractor Definition under the Fair Labor Standards Act," Legal Update, Seyfarth Shaw LLP (January 9, 2024)
- Co-Author, "Meet the New Interpretation, (Pretty Much the) Same as the Old Interpretation: the DOL Proposes Its Own Independent Contractor Definition for the FLSA," Legal Update, Seyfarth Shaw LLP (October 11, 2022)
- Co-Author, "US DOL Issues Final Rule on Independent Contractor Status Under the FLSA," Legal Update, Seyfarth Shaw LLP (January 6, 2021)
- Testing Our Teachers, 61 Emory Law Journal 1493 (2012)
- Co-Presenter, "Time Well Spent Session 6: Independent Contractor and Joint Employment Developments," Webinar, Seyfarth Shaw LLP (March 6, 2024)
- Co-Presenter, "What Businesses Need to Know About the DOL's New FLSA Independent Contractor Rule," Webinar, Seyfarth Shaw LLP (February 29, 2024)
- Co-Presenter, “DOL’s Final Rule on Independent Contractor Status,” National Wage and Hour Litigation Practice Group Meeting, Seyfarth Shaw LLP (February 7, 2024)
- "Employee Wage Statements: Spotting Issues, Identifying Risk," National Wage and Hour Litigation Practice Group Meeting, Seyfarth Shaw LLP (August 17, 2022)
- Co-Presenter, "Third Party and Vendor Litigation Strategies," National Wage and Hour Litigation Practice Group Meeting, Seyfarth Shaw LLP (June 16, 2021)
-
Co-Presenter, "Independent Contractor Classification and Joint Employment," National Wage and Hour Litigation Practice Group Meeting, Seyfarth Shaw LLP (November 18, 2020)
Andrew partners with clients to gain a full understanding of their needs and goals to help address their short-term needs, while also putting them in a position for long-term success.
More About Andrew
Andrew advises corporate clients and individuals in all aspects of complex employment litigation. Andrew’s practice focuses primarily on the defense of class and collective actions, particularly disputes pertaining to alleged wage-and-hour violations and discriminatory practices. A number of these class and collective actions concern issues that arise out of gig economy work and alleged joint employment relationships. Andrew also conducts audits of company’s classifications of employees under the FLSA, and provides other employment-related advice, including with respect to non-competes, contracts, and policies. Andrew also served as a law clerk to the Honorable Karla R. Spaulding of the US District Court for the Middle District of Florida.
- JD, Emory University School of Law
With honors
Emory Law Journal, executive managing editor
Recipient, Blue Pen Award for Excellence in Editing - BA, University of Notre Dame
- Florida
- Georgia
Related Services
- Represented company in nationwide FLSA collective action by call center representatives seeking compensation for computer boot time and alleged off-the-clock work.
- Represented company in Rule 23 class action alleging racially hostile work environment.
- Represented company in collective and class action claiming misclassification of employees as exempt from overtime pay.
- Obtained summary judgment on retaliation and discrimination claims. Successfully briefed appeal before the Eleventh Circuit.
- Conducted FLSA classification audits assessing the applicability of the administrative exemption to assistant managers.
Related News & Insights
-
Webinar
Mar 6, 2024
Webinar Recording: Time Well Spent Session 6: Independent Contractor and Joint Employment Developments
-
Webinar
Feb 29, 2024
Webinar Recording: What Businesses Need to Know About the DOL's New FLSA Independent Contractor Rule
-
Media Mentions
01/25/2024
Andrew McKinley and Kyle Winnick Provide Insights on the Independent Contractor Rule in Xpert HR
-
Media Mentions
01/10/2024
Andrew McKinley Discusses DOL's New Independent Contractor Rule in SHRM
- Co-Author, "Department of Labor Issues Final Rule on Independent Contractor Definition under the Fair Labor Standards Act," Legal Update, Seyfarth Shaw LLP (January 9, 2024)
- Co-Author, "Meet the New Interpretation, (Pretty Much the) Same as the Old Interpretation: the DOL Proposes Its Own Independent Contractor Definition for the FLSA," Legal Update, Seyfarth Shaw LLP (October 11, 2022)
- Co-Author, "US DOL Issues Final Rule on Independent Contractor Status Under the FLSA," Legal Update, Seyfarth Shaw LLP (January 6, 2021)
- Testing Our Teachers, 61 Emory Law Journal 1493 (2012)
- Co-Presenter, "Time Well Spent Session 6: Independent Contractor and Joint Employment Developments," Webinar, Seyfarth Shaw LLP (March 6, 2024)
- Co-Presenter, "What Businesses Need to Know About the DOL's New FLSA Independent Contractor Rule," Webinar, Seyfarth Shaw LLP (February 29, 2024)
- Co-Presenter, “DOL’s Final Rule on Independent Contractor Status,” National Wage and Hour Litigation Practice Group Meeting, Seyfarth Shaw LLP (February 7, 2024)
- "Employee Wage Statements: Spotting Issues, Identifying Risk," National Wage and Hour Litigation Practice Group Meeting, Seyfarth Shaw LLP (August 17, 2022)
- Co-Presenter, "Third Party and Vendor Litigation Strategies," National Wage and Hour Litigation Practice Group Meeting, Seyfarth Shaw LLP (June 16, 2021)
-
Co-Presenter, "Independent Contractor Classification and Joint Employment," National Wage and Hour Litigation Practice Group Meeting, Seyfarth Shaw LLP (November 18, 2020)