Kevin McLaughlin focuses on employment and civil rights litigation on behalf of public entities. He has substantial experience in the Fair Labor Standards Act, and advises clients and defends class action lawsuits on issues involving the regular rate of pay, off-the-clock work, and misclassification. He has also defended state courts, cities, and counties in lawsuits claiming violations of Title II of the Americans with Disabilities Act, including extensive work defending the City of Los Angeles in what is believed to be the largest ADA class action ever.
Over the years he has handled many cases for public entities, including police excessive force, personal injury, breach of contract, construction delays, employment discrimination, harassment, and retaliation, constitutional claims, and a variety of writs. He has written the briefs on approximately ten appeals, questioned witnesses in jury trials and handled all aspects of arbitrations, and argued dozens of motions in state and federal courts across California. While in law school, Mr. McLaughlin served as Articles Editor for the Hastings Communications & Entertainment Law Journal. He also served as an intern for the San Francisco City Attorney Office’s Government Team, and worked as an extern to District Judge Marilyn Hall Patel, U.S. District Court for the Northern District of California.
Mr. McLaughlin genuinely enjoys his work: digging into complex legal problems and providing clients with practical ways to solve them. Outside of his practice, he has taught legal writing to first-year law students, judged Alameda County high school students in an annual mock trial competition, and serves on the Executive Committee of the Trial Section of the Alameda County Bar Association. When not at work, you’ll find him doing a home improvement project, fly fishing, or hiking the hills of the Bay Area.
Presentations and Publications
- Presenter, “Depositions 101,” Alameda County Bar Association, 2017
- Presenter, “ACBA Intro to Practice Series: Practicing as a Civil Litigation Attorney,” Alameda County Bar Association, 2016
- Presenter, “Labor and Employment Law Update,” Meyers Nave webinar, 2015
- Presenter, “Lessons Learned from the Year’s Biggest Employment Verdicts,” Meyers Nave webinar, 2014
- Author, “Getting the Credit You Deserve: Understanding FLSA Overtime Credits,” Bender’s California Labor & Employment Bulletin, (July 2017)
- Author, “At the Margins of Taxpayer Standing,” Daily Journal (2014)
- Author, “Sharing You With You: Informational Privacy, Google, and the Limits of Use Limitation,” 23 Alb. L. J. Sci & Tech. 53 (2013)
- Author, “Cell Phone Location Tracking and the Fourth Amendment: Where Are We?”, 29 Hastings Comm. & Ent. L.J. 421 (2007); cited in ACLU v. U.S. Dep’t of Justice, 655 F.3d 1 (D.C. Cir. 2011)
Representative Published Decisions
- Vartanian v. Super. Ct. of Cal. for Alameda Cnty., 632 F. App’x 418 (9th Cir. 2016)
- Fry v. City of Los Angeles, 245 Cal. App. 4th 539 (2016)
- Regents of the Univ. of Cal., PERB Order No. Ad-434-H (2016)
- Blumberg v. Hewitt, 599 F. App’x 715 (9th Cir. 2015)
- Cannon v. City of Petaluma, 606 F. App’x 412 (9th Cir. 2015)
- Barrilleaux v. Mendocino Cnty., 61 F. Supp. 3d 906 (N.D. Cal. 2014)
- Sepehry-Fard v. Dep’t Stores Nat’l Bank, 15 F. Supp. 3d 984 (N.D. Cal. 2014)
- Hollister v. Mrs. Gooch’s Natural Food Markets, Inc., 919 F. Supp. 2d 1101 (D. Haw. 2013)
- McMillan v. Boy Scouts of Am. – Aloha Council, No. 11-00430 SOM-BMK, 2012 WL 2282539, 19 Wage & Hour Cas. 2d (BNA) 459 (D. Haw. June 15, 2012)
- Castillo v. Toll Bros., Inc., 197 Cal. App. 4th 1172 (2011)