Key Experience

  • Focuses on the representation of employers in a wide variety of labor and employment matters, especially class, collective and representative actions and other complex employment disputes.
  • Represents Fortune 500 companies and other major employers in high stakes litigation and provides strategic counseling to avoid litigation.

Practice

Gary McLaughlin represents employers in employment and related matters in state and federal courts and before administrative agencies. His practice includes extensive experience with wage and hour class action and other representative litigation, including California Private Attorneys General Act (“PAGA”) actions, as well as discrimination, harassment, retaliation and wrongful termination claims. Gary also counsels employers on labor and employment matters, such as wage and hour matters, terminations, investigations, family and medical leaves, employee handbooks, independent contractor issues and contracts, and he frequently advises employers on California non-compete and restrictive covenant issues. He has represented clients in a variety of industries including retail, food services, insurance, financial services, healthcare and entertainment.

Representative Work

  • Defeated class certification for a national family dining and entertainment chain in a California class action alleging that the company’s general managers were misclassified as exempt employees, and subsequently obtained dismissal of the plaintiff’s Private Attorneys General Act (PAGA) representative action.
  • Obtained partial summary judgment against named plaintiffs on off-the-clock, overtime, waiting time penalty, wage statement penalty, and expense reimbursement claims for a national chain of veterinary clinics in consolidated California-wide class actions.
  • Obtained “walk away” settlement and voluntary dismissal of PAGA action alleging overtime and rest break violations after taking the plaintiff’s deposition and filing for summary judgment.
  • Defeated class certification and obtained partial summary judgment for a major insurance company in a California-wide class action brought by insurance agents alleging misclassification as independent contractors and breach of contract.
  • Defeated class certification in a California-wide class action against a national grocery chain alleging that employees were denied reporting time pay and underpaid wages when reporting to work for termination meetings.

Speeches

Public Service and Affiliations

Recognition