People: Andrew M. McNaught, Partner

Photo of 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 high exposure wage and hour class, collective, and representative actions arising under the California Labor Code and the FLSA, as well as single and multi-plaintiff claims for discrimination, retaliation, and harassment.  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.  He has defended public accommodations (e.g., grocery stores, retailers, and hotels) in a wide range of accessibility lawsuits under the Americans with Disabilities Act (ADA) and California’s Unruh Act. He also advises clients on the requirements of Title III of the ADA and other disability laws.

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 wide variety of industries, including health care, construction, hospitality, the arts, transportation, financial and professional services, staffing, defense contractors, retail, and high technology.

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.

Mr. McNaught is a Board Member for the Horizons Summer Program at the San Francisco Friends School, which is a public/private partnership providing quality summer programming to combat summer learning slide for disadvantaged children in San Francisco’s Mission District.

Andrew M. McNaught is a partner in the Labor & Employment Department of Seyfarth Shaw LLP.  His practice focuses on defending employers against high exposure wage and hour class, collective, and representative actions arising under the California Labor Code and the FLSA, as well as single and multi-plaintiff claims for discrimination, retaliation, and harassment.  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.  He has defended public accommodations (e.g., grocery stores, retailers, and hotels) in a wide range of accessibility lawsuits under the Americans with Disabilities Act (ADA) and California’s Unruh Act. He also advises clients on the requirements of Title III of the ADA and other disability laws.

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 wide variety of industries, including health care, construction, hospitality, the arts, transportation, financial and professional services, staffing, defense contractors, retail, and high technology.

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.

Mr. McNaught is a Board Member for the Horizons Summer Program at the San Francisco Friends School, which is a public/private partnership providing quality summer programming to combat summer learning slide for disadvantaged children in San Francisco’s Mission District.

Education

  • J.D., University of California, Hastings College of the Law (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

  • Zurich American Insurance Co. adv. Bucklin, et al. (alleged misclassification of employees and entitlement of subsequent overtime compensation)
  • C&S Wholesale Grocers, et al. adv. Bicek  (alleged misclassification of warehouse supervisor roles per exempt status)
  • Comtrak Logistics, Inc., et al. adv. Robles, et al.  (alleged misclassification as independent contractors, failure to reimburse for travel time and expenses, failure to provide meal and rest periods, failure to pay wages and other California Labor Code violations)
  • Stryker Corporation adv. Trosper, et al. (class of current and former sales representatives alleging unreimbursed business expenses and unfair business practices)
  • Randstad US, L.P. adv. Betorina et al. (alleged claims for off-the-clock wage adjustments)
  • RemX, Inc., et al. adv. Young, et al. (employees alleging failure to pay all final wages at time of termination or provide accurate wage statements in the staffing industry)
  • Alameda County Industries adv. Flores, et al. (recycling worker employees alleging violations of the FLSA and California Labor Code including failure to compensate for overtime hours worked, minimum and living wages, timely vacation wages; failure to provide accurate wage statements and breach of contract)
  • Allstate Insurance Company adv. Williams  (class action filed by auto field adjusters alleging that commute time to work is really travel time because of work at home pre and post field work)
  • Edcoa Inc., et al. adv. Beverage, et al. (class of current and former exempt instructors alleging failure to pay overtime wages and unfair competition and business practices under the California Labor Code)
  • Under Armour Retail, Inc. adv. Diller, et al. (class action alleging minimum wage, failure to pay overtime and failure to provide meal periods in violation of the California Labor Code)
  • Hair Club for Men, LLC adv. Clemens, et al.  (alleged claims for off-the-clock wage adjustments)
  • American Tours International LLP adv. Campbell  (alleged misclassification of employee exempt status)
  • AMN Services, Inc. adv. O’Sullivan  (alleged expense reimbursement and off-the-clock claims)
  • 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

  • Cheng v. NCR, Inc. (Won AAA arbitration on claims for race discrimination and wage & hour violations)
  • Comtrak Logistics, Inc., et al. adv. Robles, et al.  (Eastern District of California) (Won motion to transfer venue based on forum selection clause in independent contractor agreement)
  • Bartlett v. Whole Foods Market California, Inc. (Northern District of California) (Won 12(b)(6) motion to dismiss Plaintiff's accessibility claims under Title III on the ADA and the Unruh Act)
  • Moran v. Under Armour Retail, Inc.  (Los Angeles County) (Successfully defended against Plaintiff’s accessibility claims under California’s Unruh Act)
  • Pamela Dale v. San Francisco Opera Association (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. (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. (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 (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 (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) (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

Accolades

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