Nicholas W. McKinney

Nicholas W. McKinney focuses his practice on litigation and counseling clients on labor and employment law matters.

Nick has a robust litigation practice where he represents employers before agencies, such as the California Department of Fair Employment and Housing, the California Department of Labor, the National Labor Relations Board, and in state and federal courts. Specifically, Nick represents employers in claims related to:

• Discrimination
• Harassment
• Retaliation
• Unfair competition
• Disability accommodation and leave issues
• Whistleblowing
• Wage and hour
• Unfair Labor Practice Charges

Nick’s recent work includes several large class action and collective PAGA matters in which Nick has analyzed and helped enforce arbitration agreements, review complex sets of data, and work with clients to satisfactorily resolve these complex issues.

During the COVID-19 pandemic Nick worked directly with clients, providing advice and counsel related to the complex employment law issues presented by the COVID-19 coronavirus pandemic, including:

• Complying with Cal/OSHA’s COVID-19 related Emergency Temporary Standard including implementing COVID-19 Prevention Plans, Outbreak reporting and exclusion, and exclusion pay;
• COVID-19 vaccination issues in the workplace;
• Preparation and implementation of COVID-19 vaccination policies and mandates;
• Reviewing, processing, and analyzing ADA and Title VII requests for accommodation from COVID-19 vaccine mandates; and
• State and local supplemental paid sick leave laws and ordinances.

While Nick continues to assist clients with lingering issues resulting from the pandemic, he has turned his focus to advising clients on relevant issues related to wage and hour compliance, leaves and accommodations, and navigation of the ever changing expectations of employers in California.

Nick has also spent a significant amount of time representing clients in workplace safety related issues including managing OSHA inspections, analyzing citations, and appealing citations. When workplace violence and heat illness regulations were released in 2024, Nick was on the forefront in advising clients on compliance with these new requirements.

Prior to joining Littler, Nick worked at a regional law firm where he focused on representation of public entities in state and federal courts.

During law school, Nick served on the editorial board of the University of the Pacific Law Review and was president of the Employment and Labor Law Association.