Andrew M.McNaught
Partner
Labor & Employment
amcnaught@seyfarth.com
Andrew partners with clients to creatively and efficiently navigate the tricky terrain of California labor and employment law. He defends their interests in complex employment cases of all kinds.
More About Andrew
Employers in California face a unique, complex, and continually shifting landscape of state and local laws, rules, and regulations, all presenting significant compliance challenges, and legal and business risks. For more than 20 years, clients have looked to Andrew for practical, strategic solutions in managing these risks, and in defending their interests in litigated class, collective, and individual employment matters throughout California and beyond.
Andrew has a keen understanding of the unique legal and business challenges that operating in California presents to employers of all sizes. In addition to working with homegrown companies, he also represents numerous large employers based outside California that maintain significant workforces in the state. Andrew has handled litigation for and counseled clients in a wide range of industries including health care, retail, the sharing economy, transportation and logistics, software, financial and professional services, staffing services, defense contractors, and the arts. He draws on the depth and breadth of his experience with California employment law matters to create efficient and business-minded solutions to his clients' legal challenges.
Throughout the US, Andrew leads the defense of high-exposure complex class, collective, and PAGA wage-and-hour cases of all kinds. He has secured numerous denials of class and collective certification in state and federal courts, and has successfully drafted, implemented, and compelled the enforcement of arbitration agreements with class waivers, often resulting in nominal or walk-away individual settlements. Andrew has also negotiated scores of settlements in complex wage-and-hour cases, obtaining excellent mediated results for his clients. In addition to defending class, collective, and representative litigation matters, he often solves problems for clients on a wide range of California wage-and-hour matters.
Andrew also has deep experience defending FEHA, Title VII, and ADA single- and multiplaintiff cases, and advising employers on related matters. He has won defense jury verdicts in such cases in the Superior Courts for the counties of San Francisco and Alameda, secured defense arbitration awards, and won summary dismissals in state and federal courts all over California.
Andrew uses technology to provide efficient client services, especially in defending large and complex class, collective, and representative actions. He partners closely with internal Seyfarth data managers and analytics teams to employ lean, cost-effective methodologies for the collection, analysis, and utilization of client data sets in litigation.
For more than a decade of his practice, Andrew has been proud to call Seyfarth home. He is passionate about representing his clients in, and advising on, cutting-edge labor and employment law cases and matters. He enjoys working with an incredibly talented and dedicated team at Seyfarth to provide unparalleled client service from one of the world's preeminent labor and employment platforms.
Andrew has a keen understanding of the unique legal and business challenges that operating in California presents to employers of all sizes. In addition to working with homegrown companies, he also represents numerous large employers based outside California that maintain significant workforces in the state. Andrew has handled litigation for and counseled clients in a wide range of industries including health care, retail, the sharing economy, transportation and logistics, software, financial and professional services, staffing services, defense contractors, and the arts. He draws on the depth and breadth of his experience with California employment law matters to create efficient and business-minded solutions to his clients' legal challenges.
Throughout the US, Andrew leads the defense of high-exposure complex class, collective, and PAGA wage-and-hour cases of all kinds. He has secured numerous denials of class and collective certification in state and federal courts, and has successfully drafted, implemented, and compelled the enforcement of arbitration agreements with class waivers, often resulting in nominal or walk-away individual settlements. Andrew has also negotiated scores of settlements in complex wage-and-hour cases, obtaining excellent mediated results for his clients. In addition to defending class, collective, and representative litigation matters, he often solves problems for clients on a wide range of California wage-and-hour matters.
Andrew also has deep experience defending FEHA, Title VII, and ADA single- and multiplaintiff cases, and advising employers on related matters. He has won defense jury verdicts in such cases in the Superior Courts for the counties of San Francisco and Alameda, secured defense arbitration awards, and won summary dismissals in state and federal courts all over California.
Andrew uses technology to provide efficient client services, especially in defending large and complex class, collective, and representative actions. He partners closely with internal Seyfarth data managers and analytics teams to employ lean, cost-effective methodologies for the collection, analysis, and utilization of client data sets in litigation.
For more than a decade of his practice, Andrew has been proud to call Seyfarth home. He is passionate about representing his clients in, and advising on, cutting-edge labor and employment law cases and matters. He enjoys working with an incredibly talented and dedicated team at Seyfarth to provide unparalleled client service from one of the world's preeminent labor and employment platforms.
- JD, University of California College of the Law, San Francisco
- BA, Brown University
History
- California
- US Court of Appeals, Ninth Circuit
- US District Court, Central District of California
- US District Court, Eastern District of California
- US District Court, Northern District of California
- US District Court, Southern District of California
Related Services
Related Key Industries
Representative Wage-and-Hour Class, Collective, and PAGA Actions
- Represented national wholesale grocer in class action alleging misclassification of supervisors, resulting in walk-away dismissals by named plaintiffs.
- Obtained a denial of class certification in a long-fought misclassification case against one of the nation's largest financial services companies.
- Defended leading national staffing company in class and PAGA action resulting in a published California Court of Appeal decision upholding motion to compel individual arbitration and dismissal of class claims.
- Represented one of the world's largest banks in a portfolio of hybrid Rule 23/FLSA cases on behalf of nonexempt employees, resulting in an extremely favorable mediated settlement.
- Obtained decertification in a class and PAGA case against one of the nation's largest insurance companies.
Other Representative Matters
- Obtained arbitration award defeating claims of race discrimination, retaliation, and wage-and-hour violations on behalf of a leading enterprise technology provider of software, hardware, and services for financial services companies.
- Won 12(b)(6) motion to dismiss plaintiff's service animal accessibility claims under ADA Title III and the Unruh Act for one of the nation's largest supermarket chains.
- Achieved summary dismissal of plaintiff’s claims for discrimination, harassment, and failure to accommodate under federal and state laws for one of the world's largest airlines.
- Won unanimous defense jury verdict on all claims after a four-week disability discrimination trial in Alameda County Superior Court on behalf of the nation's largest public university system.
- Obtained defense verdict following three-week jury trial on plaintiff’s claims of sexual orientation and age discrimination, and retaliation, for a leading teaching and research hospital system.
Related Trends
Related News & Insights
-
Recognition
08/17/2023
210 Seyfarth Attorneys Chosen as Leaders in Their Fields by Best Lawyers in America 2024
-
Webinar
Jul 11, 2022
Webinar Recording: PAGA Webinar Series 3: Emerging Trends in PAGA Litigation
-
Webinar
Nov 10, 2020
PAGA Webinar Series 3: Novel PAGA Theories and Discretionary Reductions in Penalty Awards
-
Webinar Recording
Nov 10, 2020
Webinar Recording: PAGA Webinar Series 3 - Novel PAGA Theories and Discretionary Reductions in Penalty Awards
- Listed in Best Lawyers in America (Woodward/White Inc.) for Litigation - Labor and Employment (2024)
- Listed as a "Rising Star" for Labor & Employment Law by Super Lawyers (Thomson Reuters) (2009-2010)
- State Bar of California, Labor and Employment Law Section
- The Bar Association of San Francisco
-
Author, "Adding Insult to Injury: Wage and Hour Violations May Now Support Constructive Discharge Claims in California," Legal Update, Seyfarth Shaw LLP (January 13, 2014); Management Alert, Seyfarth Shaw LLP (January 13, 2014)
-
Author, "Court Of Appeal Gives California Employers A Piece Of Its Mind," Legal Update, Seyfarth Shaw LLP (April 10, 2013); One Minute Memo, Seyfarth Shaw LLP (April 10, 2013)
-
Author, "Court Rejects Employer’s 'Honest Belief' Defense In CFRA Leave Case," Legal Update, Seyfarth Shaw LLP (November 20, 2012); One Minute Memo, Seyfarth Shaw LLP (November 20, 2012)
-
Author, "Former Human Resources Director Dodges Obligation To Arbitrate," Legal Update, Seyfarth Shaw LLP (October 23, 2012); Management Alert, Seyfarth Shaw LLP (October 23, 2012)
- Co-Author, "Defamation Claims May Flow From SEC Disclosures And Press Releases," Legal Update, Seyfarth Shaw LLP (October 5, 2012)
- Author, "Businesses: Make Way for Segways?," ADA Title III Blog, Seyfarth Shaw LLP (August 6, 2012)
- Co-Author, "Chargebacks of Advanced Commissions Remain Valid in California, Despite Novel Legal Argument," Legal Update, Seyfarth Shaw LLP (July 31, 2012); One Minute Memo, Seyfarth Shaw LLP (July 31, 2012)
- Author, "California Partnerships Beware: A Partner Can Sue for Retaliation Under the FEHA," Legal Update, Seyfarth Shaw LLP (May 29, 2012)
- Author, "California Court of Appeal Follows Dukes And Rejects 'Trial By Formula' In Class Action Trials," Legal Update, Seyfarth Shaw LLP (February 10, 2012)
- Co-Author, "California Court of Appeal Follows Dukes And Rejects 'Trial By Formula' In Class Action Trials," Wage & Hour Litigation Blog, Seyfarth Shaw LLP (February 8, 2012)
- Author, "Will The California Court of Appeal Follow Dukes And Reject 'Trial By Formula' In Class Action Trials?," Wage & Hour Litigation Blog, Seyfarth Shaw LLP (November 15, 2011)
- 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.
- Co-Presenter, "PAGA Webinar Series 3: Novel PAGA Theories and Discretionary Reductions in Penalty Awards," Webinar, Seyfarth Shaw LLP (November 10, 2020); Webinar Recording
- "Latest Developments in Pre-Certification Communications with Putative Class Members, Including Best Practices in Responding to Plaintiffs’ Counsel’s Solicitations," National Wage and Hour Litigation Practice Group Meeting, Seyfarth Shaw LLP (February 21, 2018)
-
Co-Presenter, "2016 Update: Peculiarities of California Employment Law - All Industry Briefing," Breakfast Briefing, Seyfarth Shaw LLP, New York, NY (June 16, 2016)
-
Co-Presenter, "2016 Update: Peculiarities of California Employment Law - Financial Services Industry-Focused Roundtable," Roundtable, Seyfarth Shaw LLP, New York, NY (June 15, 2016)
- Co-Presenter, "2016 Update: Peculiarities of California Employment Law - Retail Industry-Focused Roundtable," Roundtable, Seyfarth Shaw LLP, New York, NY (June 15, 2016)
-
Presenter, "Service Animals and The ADA: What You Need to Know," Webinar, Seyfarth Shaw LLP (April 29, 2014)
-
Co-Presenter, "The Peculiarities of California Employment Law Annual Update," Webinar, Seyfarth Shaw LLP, New York, NY (April 30, 2013)
- Co-Presenter, "Employee or Independent Contractor?," Webinar, Seyfarth Shaw LLP (October 11, 2011)
- 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)
- Founding board member and former co-chair (2013-2018) of the Board of the Horizons Summer Program at the San Francisco Friends School, a public/private partnership providing quality summer programming to combat summer learning slide for disadvantaged public school students in San Francisco.
- With many Seyfarth colleagues, Andrew is a longtime volunteer at the San Francisco/Marin Food Bank, through the SF Bar Association's annual Food from the Bar campaign.
"Great news and thanks to the entire team for your outstanding work on this!" —From a Fortune 50 financial services company client, following denial of plaintiffs' class certification motion
"Nicely done ... never dull ... thank you for bringing this to a great resolution in difficult circumstances." —From a major national staffing company client following a very favorable mediated resolution of a complex class and PAGA case with numerous joint employer issues and allegations
Andrew partners with clients to creatively and efficiently navigate the tricky terrain of California labor and employment law. He defends their interests in complex employment cases of all kinds.
More About Andrew
Employers in California face a unique, complex, and continually shifting landscape of state and local laws, rules, and regulations, all presenting significant compliance challenges, and legal and business risks. For more than 20 years, clients have looked to Andrew for practical, strategic solutions in managing these risks, and in defending their interests in litigated class, collective, and individual employment matters throughout California and beyond.
Andrew has a keen understanding of the unique legal and business challenges that operating in California presents to employers of all sizes. In addition to working with homegrown companies, he also represents numerous large employers based outside California that maintain significant workforces in the state. Andrew has handled litigation for and counseled clients in a wide range of industries including health care, retail, the sharing economy, transportation and logistics, software, financial and professional services, staffing services, defense contractors, and the arts. He draws on the depth and breadth of his experience with California employment law matters to create efficient and business-minded solutions to his clients' legal challenges.
Throughout the US, Andrew leads the defense of high-exposure complex class, collective, and PAGA wage-and-hour cases of all kinds. He has secured numerous denials of class and collective certification in state and federal courts, and has successfully drafted, implemented, and compelled the enforcement of arbitration agreements with class waivers, often resulting in nominal or walk-away individual settlements. Andrew has also negotiated scores of settlements in complex wage-and-hour cases, obtaining excellent mediated results for his clients. In addition to defending class, collective, and representative litigation matters, he often solves problems for clients on a wide range of California wage-and-hour matters.
Andrew also has deep experience defending FEHA, Title VII, and ADA single- and multiplaintiff cases, and advising employers on related matters. He has won defense jury verdicts in such cases in the Superior Courts for the counties of San Francisco and Alameda, secured defense arbitration awards, and won summary dismissals in state and federal courts all over California.
Andrew uses technology to provide efficient client services, especially in defending large and complex class, collective, and representative actions. He partners closely with internal Seyfarth data managers and analytics teams to employ lean, cost-effective methodologies for the collection, analysis, and utilization of client data sets in litigation.
For more than a decade of his practice, Andrew has been proud to call Seyfarth home. He is passionate about representing his clients in, and advising on, cutting-edge labor and employment law cases and matters. He enjoys working with an incredibly talented and dedicated team at Seyfarth to provide unparalleled client service from one of the world's preeminent labor and employment platforms.
Andrew has a keen understanding of the unique legal and business challenges that operating in California presents to employers of all sizes. In addition to working with homegrown companies, he also represents numerous large employers based outside California that maintain significant workforces in the state. Andrew has handled litigation for and counseled clients in a wide range of industries including health care, retail, the sharing economy, transportation and logistics, software, financial and professional services, staffing services, defense contractors, and the arts. He draws on the depth and breadth of his experience with California employment law matters to create efficient and business-minded solutions to his clients' legal challenges.
Throughout the US, Andrew leads the defense of high-exposure complex class, collective, and PAGA wage-and-hour cases of all kinds. He has secured numerous denials of class and collective certification in state and federal courts, and has successfully drafted, implemented, and compelled the enforcement of arbitration agreements with class waivers, often resulting in nominal or walk-away individual settlements. Andrew has also negotiated scores of settlements in complex wage-and-hour cases, obtaining excellent mediated results for his clients. In addition to defending class, collective, and representative litigation matters, he often solves problems for clients on a wide range of California wage-and-hour matters.
Andrew also has deep experience defending FEHA, Title VII, and ADA single- and multiplaintiff cases, and advising employers on related matters. He has won defense jury verdicts in such cases in the Superior Courts for the counties of San Francisco and Alameda, secured defense arbitration awards, and won summary dismissals in state and federal courts all over California.
Andrew uses technology to provide efficient client services, especially in defending large and complex class, collective, and representative actions. He partners closely with internal Seyfarth data managers and analytics teams to employ lean, cost-effective methodologies for the collection, analysis, and utilization of client data sets in litigation.
For more than a decade of his practice, Andrew has been proud to call Seyfarth home. He is passionate about representing his clients in, and advising on, cutting-edge labor and employment law cases and matters. He enjoys working with an incredibly talented and dedicated team at Seyfarth to provide unparalleled client service from one of the world's preeminent labor and employment platforms.
- JD, University of California College of the Law, San Francisco
- BA, Brown University
History
- California
- US Court of Appeals, Ninth Circuit
- US District Court, Central District of California
- US District Court, Eastern District of California
- US District Court, Northern District of California
- US District Court, Southern District of California
Related Services
Related Key Industries
Representative Wage-and-Hour Class, Collective, and PAGA Actions
- Represented national wholesale grocer in class action alleging misclassification of supervisors, resulting in walk-away dismissals by named plaintiffs.
- Obtained a denial of class certification in a long-fought misclassification case against one of the nation's largest financial services companies.
- Defended leading national staffing company in class and PAGA action resulting in a published California Court of Appeal decision upholding motion to compel individual arbitration and dismissal of class claims.
- Represented one of the world's largest banks in a portfolio of hybrid Rule 23/FLSA cases on behalf of nonexempt employees, resulting in an extremely favorable mediated settlement.
- Obtained decertification in a class and PAGA case against one of the nation's largest insurance companies.
Other Representative Matters
- Obtained arbitration award defeating claims of race discrimination, retaliation, and wage-and-hour violations on behalf of a leading enterprise technology provider of software, hardware, and services for financial services companies.
- Won 12(b)(6) motion to dismiss plaintiff's service animal accessibility claims under ADA Title III and the Unruh Act for one of the nation's largest supermarket chains.
- Achieved summary dismissal of plaintiff’s claims for discrimination, harassment, and failure to accommodate under federal and state laws for one of the world's largest airlines.
- Won unanimous defense jury verdict on all claims after a four-week disability discrimination trial in Alameda County Superior Court on behalf of the nation's largest public university system.
- Obtained defense verdict following three-week jury trial on plaintiff’s claims of sexual orientation and age discrimination, and retaliation, for a leading teaching and research hospital system.
Related Trends
Related News & Insights
-
Recognition
08/17/2023
210 Seyfarth Attorneys Chosen as Leaders in Their Fields by Best Lawyers in America 2024
-
Webinar
Jul 11, 2022
Webinar Recording: PAGA Webinar Series 3: Emerging Trends in PAGA Litigation
-
Webinar
Nov 10, 2020
PAGA Webinar Series 3: Novel PAGA Theories and Discretionary Reductions in Penalty Awards
-
Webinar Recording
Nov 10, 2020
Webinar Recording: PAGA Webinar Series 3 - Novel PAGA Theories and Discretionary Reductions in Penalty Awards
- Listed in Best Lawyers in America (Woodward/White Inc.) for Litigation - Labor and Employment (2024)
- Listed as a "Rising Star" for Labor & Employment Law by Super Lawyers (Thomson Reuters) (2009-2010)
- State Bar of California, Labor and Employment Law Section
- The Bar Association of San Francisco
-
Author, "Adding Insult to Injury: Wage and Hour Violations May Now Support Constructive Discharge Claims in California," Legal Update, Seyfarth Shaw LLP (January 13, 2014); Management Alert, Seyfarth Shaw LLP (January 13, 2014)
-
Author, "Court Of Appeal Gives California Employers A Piece Of Its Mind," Legal Update, Seyfarth Shaw LLP (April 10, 2013); One Minute Memo, Seyfarth Shaw LLP (April 10, 2013)
-
Author, "Court Rejects Employer’s 'Honest Belief' Defense In CFRA Leave Case," Legal Update, Seyfarth Shaw LLP (November 20, 2012); One Minute Memo, Seyfarth Shaw LLP (November 20, 2012)
-
Author, "Former Human Resources Director Dodges Obligation To Arbitrate," Legal Update, Seyfarth Shaw LLP (October 23, 2012); Management Alert, Seyfarth Shaw LLP (October 23, 2012)
- Co-Author, "Defamation Claims May Flow From SEC Disclosures And Press Releases," Legal Update, Seyfarth Shaw LLP (October 5, 2012)
- Author, "Businesses: Make Way for Segways?," ADA Title III Blog, Seyfarth Shaw LLP (August 6, 2012)
- Co-Author, "Chargebacks of Advanced Commissions Remain Valid in California, Despite Novel Legal Argument," Legal Update, Seyfarth Shaw LLP (July 31, 2012); One Minute Memo, Seyfarth Shaw LLP (July 31, 2012)
- Author, "California Partnerships Beware: A Partner Can Sue for Retaliation Under the FEHA," Legal Update, Seyfarth Shaw LLP (May 29, 2012)
- Author, "California Court of Appeal Follows Dukes And Rejects 'Trial By Formula' In Class Action Trials," Legal Update, Seyfarth Shaw LLP (February 10, 2012)
- Co-Author, "California Court of Appeal Follows Dukes And Rejects 'Trial By Formula' In Class Action Trials," Wage & Hour Litigation Blog, Seyfarth Shaw LLP (February 8, 2012)
- Author, "Will The California Court of Appeal Follow Dukes And Reject 'Trial By Formula' In Class Action Trials?," Wage & Hour Litigation Blog, Seyfarth Shaw LLP (November 15, 2011)
- 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.
- Co-Presenter, "PAGA Webinar Series 3: Novel PAGA Theories and Discretionary Reductions in Penalty Awards," Webinar, Seyfarth Shaw LLP (November 10, 2020); Webinar Recording
- "Latest Developments in Pre-Certification Communications with Putative Class Members, Including Best Practices in Responding to Plaintiffs’ Counsel’s Solicitations," National Wage and Hour Litigation Practice Group Meeting, Seyfarth Shaw LLP (February 21, 2018)
-
Co-Presenter, "2016 Update: Peculiarities of California Employment Law - All Industry Briefing," Breakfast Briefing, Seyfarth Shaw LLP, New York, NY (June 16, 2016)
-
Co-Presenter, "2016 Update: Peculiarities of California Employment Law - Financial Services Industry-Focused Roundtable," Roundtable, Seyfarth Shaw LLP, New York, NY (June 15, 2016)
- Co-Presenter, "2016 Update: Peculiarities of California Employment Law - Retail Industry-Focused Roundtable," Roundtable, Seyfarth Shaw LLP, New York, NY (June 15, 2016)
-
Presenter, "Service Animals and The ADA: What You Need to Know," Webinar, Seyfarth Shaw LLP (April 29, 2014)
-
Co-Presenter, "The Peculiarities of California Employment Law Annual Update," Webinar, Seyfarth Shaw LLP, New York, NY (April 30, 2013)
- Co-Presenter, "Employee or Independent Contractor?," Webinar, Seyfarth Shaw LLP (October 11, 2011)
- 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)
- Founding board member and former co-chair (2013-2018) of the Board of the Horizons Summer Program at the San Francisco Friends School, a public/private partnership providing quality summer programming to combat summer learning slide for disadvantaged public school students in San Francisco.
- With many Seyfarth colleagues, Andrew is a longtime volunteer at the San Francisco/Marin Food Bank, through the SF Bar Association's annual Food from the Bar campaign.
"Great news and thanks to the entire team for your outstanding work on this!" —From a Fortune 50 financial services company client, following denial of plaintiffs' class certification motion
"Nicely done ... never dull ... thank you for bringing this to a great resolution in difficult circumstances." —From a major national staffing company client following a very favorable mediated resolution of a complex class and PAGA case with numerous joint employer issues and allegations