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
• Disability accommodation and leave issues
• Whistleblowing
• Wage and hour
• Workplace Safety
• Unfair Labor Practice Charges
• Unfair competition

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.

Nick is constantly tracking state and national laws related to COVID-19 including CDC guidance, Workplace Safety Regulations under Cal/OSHA and Fed/OSHA and EEOC guidance regarding employment practices related to the COVID-19 Pandemic. As the pandemic related issues subside, Nick continues to stay up to date on cutting edge issues related to updated OSHA regulations and rapidly changing wage and hour laws.

Prior to joining Ogletree, Nick worked at another international labor and employment law firm. There Nick played an active role in the workplace safety practice group and worked hard as an active member of the firm’s COVID-19 and Vaccination Mandate task forces. Nick has also 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.

Nick spends his free time traveling with his wife and children.