Andrew W. McLaughlin | Stearns Weaver Miller

Overview

Andrew is always very professional and understands the issues.

- Chambers USA 2023

Andrew W. McLaughlin assists clients in a variety of employee benefits matters including their 401(k) plans, ESOPs, health benefits, executive compensation, Code Section 409A, and other matters arising under ERISA, the Affordable Care Act, and similar laws. Andy has successfully assisted clients in resolving matters involving the Internal Revenue Service, Department of Labor and Pension Benefit Guaranty Corporation.

Andy also assists clients in labor and employment matters. He represents private, public and non-profit employers in labor, employment discrimination, restrictive covenant, minimum wage/overtime, employment contract, and employee benefits related litigation.

Andy has an LL.M. in Taxation and a Certificate in Employee Benefits. He provides clients with proactive advice regarding their HR practices including assisting in the administration of their employee benefits plans.

Representative Experience

Defends discrimination and wrongful discharge claims.
Defends class actions.
Represents employers before the EEOC and Department of Labor Wage & Hour and EBSA divisions.
Advises employers about new legislation.
Prepares employee handbooks and develops drug-testing and other policies.
Counsels and litigates confidentiality and non-compete agreements.
Defends places of public accommodation against ADA Title III accessibility lawsuits.
Defends lending institutions against fair lending discrimination claims.
Counsels employers regarding severance issues.

Professional & Community Involvement

The Florida Bar Labor & Employment Law Section
Hillsborough County Bar Association Young Lawyers Division
American Bar Association Labor & Employment Law Section

Recognition

Chambers USA, Employee Benefits & Executive Compensation (Florida), Up & Coming, 2023-Present
Best Lawyers: Ones to Watch, 2024-Present

Publications & Presentations

Events: Independent Contractors
Stearns Weaver Miller's 2024 Tampa Labor & Employment Law Seminar|May 2024

Events: Andy’s Corner-Employee Benefits
Stearns Weaver Miller's 2024 Tampa Labor & Employment Law Seminar|May 2024

Events: OK Boomers!
Stearns Weaver Miller's 2024 Tampa Labor & Employment Law Seminar|May 2024

Events: No Good Deed Goes Unpunished: Avoiding the Legal Pitfalls When Trying to
HR Florida State Council, Inc. Conference & Expo|August 2023

Events: Labor and Employment for Florida Public Officials & Regulated Employees
Florida Association for Constitutional Officers |July 2023

Events: What To Know: Expanding E-Verify Requirements
St. Pete Chamber of Commerce|July 2023

Events: WEBINAR: Leveraging your 401(k) Plan to Increase Employee Retention
February 2023

Events: Cyberattack: When All Pay And Employment Records Are Lost and Where Is Waldo Our New Hire?
Stearns Weaver Miller's 2022 Annual Tallahassee Labor & Employment Law Seminar|November 2022

Events: Cyberattack: When All Pay And Employment Records Are Lost, The COBRA And Benefit Earthquake and Where Is Waldo Our New Hire?
Stearns Weaver Miller's 2022 Annual Tampa Labor & Employment Law Seminar|October 2022

Events: Cyberattack: When All Pay And Employment Records Are Lost
Stearns Weaver Miller's 2022 Annual Miami Labor & Employment Law Seminar|October 2022

Events: Cybersecurity for the HR Professional
HR Florida|August 2022

Events: HR and Compliance Updates
Florida Tax Collectors Association Fall Educational Forum|August 2022

Events: You be the Judge
Florida Tax Collectors Association Fall Educational Forum|August 2022

Publications: Don't Ignore IRS ESRP Notices!
BeLabor the Point Blog|August 2022

Events: COVID-19 Conundrum - The Latest Guidance Surrounding the Pandemic and How it Affects Employers
Florida Tax Collectors Association|April 2022

Events: Litigation 101: The complete litigation process from demand letter to the Supreme Court
2021 HR Florida Conference & Expo|August 2021

Events: What’s New with the FMLA and ADA?
85th Annual Florida Public Human Resources Association (FPHRA) Conference|July 2021

Events: WEBINAR: The Mystery of Disappearing Employees and Electronic Information
Stearns Weaver Miller Webinar|July 2021

Events, Firm Announcements, In the Media, Labor & Employment News Update, Publications: Breaking Through the Noise: Labor & Employment Issues Post-Pandemic
Stearns Weaver Miller News Program Special|June 2021

Publications: SBA Issues Restaurant Revitalization Funding Program (Not Just for Restaurants)
Stearns Weaver Miller News Update|April 2021

Events: WEBINAR: COBRA Conundrum - Changes to COBRA Under the American Rescue Plan Act
Stearns Weaver Miller Webinar|April 2021

Publications: State tax withholding and other obligations for remote workers. What you don’t know CAN hurt you. (PART 1)
BeLabor the Point Blog|March 2021

Events: Small Business Virtual Tax Roundtable: Paycheck Protection Program (PPP) Tax Issues and Employee Retention Credit (ERC) Update
U.S. Small Business Administration Office of Advocacy Webinar|February 2021

Events: WEBINAR: PPP Part II and Employee Retention Credit Overview
Stearns Weaver Miller Webinar|January 2021

Events: WEBINAR: PPP Loan Forgiveness Overview
August 2020

Events: Three Things That Make Employers Uncomfortable
Florida Public Human Resources Association (FPHRA) 1st Annual Education Series|August 2020

Publications: Why Can’t We All Just Get Along?
BeLabor the Point Blog|July 2020

Publications: Top Takeaways from Our Back to Work Virtual Chat
BeLabor the Point Blog|June 2020

Events: Back to Work Virtual Chat
Stearns Weaver Miller Webinar|June 2020

Events: Virtual Webinar - Navigating Issues That Make HR Uncomfortable
South Brevard Society for Human Resource Management|May 2020

Events: Virtual Webinar - CARES Act
April 2020

COVID News Update, Labor & Employment News Update, Publications: Federal Paid Leave Law Signed by President Trump
BeLabor The Point Blog|March 2020

Publications: IRS Applies Some WD-40 to its Form W-4
BeLabor the Point Blog|January 2020

Publications: Strict Enforcement of Non-Negotiable Employment Policies: A Few Horror Stories
BeLabor the Point Blog|October 2019

Events: Do Not Repeat the Same Wage and Hour Mistakes in 2019
2019 HR Florida Conference & Expo|August 2019

Events: Guess What HR Forgot When Employees Went on Long-Term LOA? After FMLA and ADA, Remember Your Benefit Plans
Stearns Weaver Miller's 29th Annual Labor and Employment Law Seminar|May 2019

Events: Guess What HR Forgot When Employees Went on Long-Term LOA? After FMLA and ADA, Remember Your Benefit Plans
Stearns Weaver Miller's Annual Tampa Labor and Employment Law Seminar|May 2019

Events: Meet the Gang – NLRB Workplace Rules, What’s Up at the EEOC, Immigration Update, Wage and Hour Hot Topics, Marijuana Update
Stearns Weaver Miller's Annual Tampa Labor and Employment Law Seminar|May 2019

Publications: Reading Your Employment Policy Documents Probably Won’t Win You $10,000- It Could Be Worth Much More
BeLabor the Point Blog|March 2019

Publications: Don't Be Snake Bit. Make Sure the COBRA Notices You Use Are Correct.
BeLabor the Point Blog|January 2019

Events: Another ERISA Fiduciary Duty? Protecting Your Benefit Plan's Confidential Information
Stearns Weaver Miller's 28th Annual Labor and Employment Law Seminar|April 2018

Publications: New Tip Rules Impact All Employers Who Receive Tips
BeLabor The Point Blog |March 2018

Events: Sexual Harassment: Audit Your Campus Policies & Procedures to Minimize Risk & Ensure Compliance
PaperClip Communications Webinar|February 2018

Publications: Tax Reform: Confidential Sexual Harassment Settlements Come With a Price
BeLabor The Point Blog|December 2017

Events: Faculty & Staff Sexual Misconduct: Minimize the Risk of Misconduct & Respond to Claims Appropriately
Webinar|December 2017

Labor & Employment News Update, Publications: Retirement Plan Hurricane Relief for Affected Participants
Stearns Weaver Miller News Update|November 2017

Publications: What’s the Effect of the Sessions’ Memo on Transgender Discrimination?
BeLabor The Point Blog|October 2017

Publications: Our group is growing – Tampa here we come!
BeLabor The Point Blog|August 2017

Publications: Recent Developments in Pregnancy Discrimination Laws
Hillsborough County Bar Association Lawyer Magazine|January 2017

Events: Politics & Beyond: How (and if) Employers Should Limit Activism in the Workplace
HR Tampa|August 2016

Publications: New Overtime Regulations: Employers have options for compliance
July 2016

Newsroom

Firm Announcements: 35 Stearns Weaver Miller Lawyers and 11 Practice Areas Ranked In Chambers USA 2024
June 2024

In the Media: New immigration law impacts local businesses
Catalyst|July 2023

Firm Announcements: 29 Stearns Weaver Miller Lawyers in 11 Practice Areas Ranked In Chambers USA 2023
June 2023

In the Media: Hear from Marlins, Fisher Island and EEOC leaders about post-COVID labor issues
Miami Herald|June 2021

Firm Announcements: Stearns Weaver Miller Names Five New Shareholders
November 2019

In the Media: Confidentiality Disqualifies Harassment Settlement Tax Deductions
Society For Human Resource Management|February 2018

Firm Announcements: Stearns Weaver Miller Adds Seven Associates Across Five Practice Areas
November 2017

In the Media: Tampa Bay Business Movers & Shakers
Tampa Bay Times|September 2017

Practice Areas

Education

LL.M. in Taxation, Georgetown University Law Center, 2012
- Employee Benefits Certificate
J.D., cum laude, Stetson University College of Law, 2011
B.A., University of Florida, 2005

Admissions

Florida
United States District Courts for the Northern, Middle and Southern Districts of Florida