Sean M. Scullen

Success Stories

Litigating and Avoiding Class Actions

Quarles & Brady has been involved in successfully litigating and/or assisting clients in avoiding numerous class action and multi-plaintiff matters. A significant amount of such litigation and advising has involved collective/class wage and hour claims and representative litigation. Highlights include defense of exempt status misclassification claims, minimum wage and overtime, and related Migrant Worker Protection Act claims; unpaid meal period claims; donning and doffing claims; and wage payment claims. Additionally, Quarles & Brady has continued to handle pattern and practice claims involving allegations of race and disability discrimination. 

In addition to defending class action and similar representative matters, Quarles & Brady has assisted many clients with responding to the increase in such litigation—particularly in the wage and hour area—with claim avoidance efforts. Such work includes assisting clients with large-scale compliance audits and implementing strategies to modify potential violations while minimizing the risk of related claims.

Defending Against Wage and Overtime Claims

Quarles & Brady has been defending a class and collective action brought by and on behalf of hundreds of day laborers, many of whom were undocumented, who alleged minimum wage and overtime violations, as well as retaliation claims against our client. Our team obtained a very favorable settlement that was approved by the court.

Defending Financial Institutions

Quarles & Brady defended a client against a class and collective action by and on behalf of a significant class of mortgage loan officers in multiple states (including Wisconsin, Illinois, and Minnesota), who claimed minimum wage and overtime violations in connection with allegations that they were improperly classified as exempt from state and federal wage and hour requirements related to overtime and/or minimum wage obligations. Our team obtained a very favorable settlement that limited the Rule 23 settlement class to Wisconsin employees, and that was reached early in the litigation, with the result that it effectively controlled both plaintiffs’ attorneys and defense costs.

Defending Food Manufacturers

Quarles & Brady defended claims brought against a client’s meat processing facility, related to time employees spent donning and doffing protective equipment. Our team was successful in helping the client avoid any payment of damages in connection with the claims pursued.