Profile

Pragmatic, collaborative and results-oriented employment counsel

Sean Scullen is a no-nonsense legal professional with a wide array of experience and particular strengths advising on wage and hour issues and mounting solid defenses against class actions. Having deep experience working with employers in the higher education, healthcare, manufacturing and financial services industries, Sean focuses on:

Employment law counseling

Employment litigation and litigation prevention

As a friendly competitor says, Sean impresses both clients and peers as a "lawyer with buckets of common sense." He works smart and controls costs, develops options and gives clear recommendations, always placing the highest priority on delivering solutions aligned with a client's business objectives.

Sean is co-chair of the Class Action subgroup.


Bar Admissions

Wisconsin

Education
Santa Clara University (B.S., magna cum laude, 1994)

Honors Program

Phi Beta Kappa

University of Notre Dame, Mendoza College of Business (Certificate of Executive Management, 2013)

University of Wisconsin Law School (J.D., cum laude, 1999)

ABA/BNA Award for Outstanding Study in Labor and Employment Law (1999)

Order of The Coif

Areas of Practice

  • Class Action Defense

Professional Career



Articles

"Ahead of the Curve. A Look at Business & Legal Trends"

"COVID-19: Return-to-Work Considerations and Practices"

"Labor Department Dramatically Changes Interpretation of Independent Contractor Classification"

"Pausing to Look at the Recent Executive Order on Vaccinations"

"To Catch a Thief (or Liar): the Nuts and Bolts of Background Checks Under New EEOC Guidance and Existing Wisconsin Law"

"Unpaid internships are risky business for employers"

"Epic Victory: Arbitration Agreements in the Workplace"

"2018 Hot Topics in Wage and Hour Law"

"Avoiding and Defending Class Actions Part Two: Employment and Wage and Hour Collective and Class Actions"

"Best Workplace Practices and Policies to Address Harassment"

"From FLSA to CAFA and SLUSA: The ABCs and Ethics in Defending Mass, Collective and Class Actions"

"Here's the recipe for a safe office holiday party"

"Social Media: HR Issues in the Blogosphere"

"Wage and Hour Compliance and Class Action Considerations"

"Wage and Hour Hot Topics: Independent Contractors (what are they?); Fluctuating Work Week (the new DOL Position); Pre and Post Shift Work - Including Donning & Doffing Claims; and the Dukes Impact on Wage and Hour Class/Collective Actions"

"Wisconsin Labor & Employment Symposium"

Epic Fallout: The Future of Arbitration Agreements in the Workplace

21 States And More Than 50 Business Groups Seek To Block DOL Overtime Rule

Copying Your Attorney Isn't Enough to Protect an Email from Disclosure

Court Finds That Traditional Limits on Restrictive Covenants Do Not Apply to Employee Stock Option Agreement

Court of Appeals Recognizes Potential "Bad Faith" Claim Arising Out of At-Will Employee Termination

Data Security and Ransomware Attacks - How It Impacts Employees and Operations

Department of Labor Proposes Compensation Increases for Overtime Exemption Tests, Including $50,440 Minimum Salary Basis

Department of Labor's Recent Interpretation Dramatically Changes the Independent Contractor Classification

DOL Overtime Rule Changes Blocked By Federal Judge

DOL Overtime Rule Officially Struck Down, What To Expect Next

DOL's First FAQs on Families First Coronavirus Response Act Answers Some Questions but Leaves Others Open

Employers Must Disclose Pay Ranges in Job Postings in California

FMLA Understood - Frequent Mistakes to Legally Avoid

Governor Doyle Signs Law, Expanding Remedies Under the Wisconsin Fair Employment Act to Include Compensatory and Punitive Damages

Governor Evers Issues Statewide Face Covering Mandate; Legal Challenges Expected

Guidance for Employers During the Evolving COVID-19 Pandemic

Hot Topics in Wage and Hour Law

Immediate Action Required for Employers Seeking Relief From Unemployment Insurance Benefits Charged to Their Accounts Due to COVID-19

Legislation Poised to Allow Employees to Recover Up to $300,000 in Compensatory and Punitive Damages Under the Wisconsin Fair Employment Act

Navigating Claims of Discrimination by Majority Group Members

New DOL Overtime Rules Announced, Minimum Salary of $47,476

New Federal Leave Requirements: Families First Coronavirus Response Act

Silent Wisconsin Law Provides Basis for Overtime Claim Despite Federal Exemption

Supreme Court Decision Gives Businesses A Powerful Tool Against Employee Class Actions

Sweeping Changes Proposed To Wisconsin Law Governing The Enforceability of Non-Competition Agreements

The Department of Labor is at it Again: DOL's New Interpretation Makes Joint Employment "As Broad As Possible" Under FLSA

The DOL Changes Clothes: New Interpretation Affects "Protective Equipment" and Expands Compensable Activities

The DTSA Becomes Law: Impact on Employee Confidentiality Agreements

Time Off From Work For Voting Under Wisconsin Law

Time Off From Work For Voting Under Wisconsin Law

U.S. Supreme Court Rules That Class Action Waivers in Arbitration Agreements Are Enforceable

Update on Timing of Department of Labor's Final Overtime Rules

We're Not in Fairyland Anymore - Recent Ruling Gives Life to the DOL's Home Care Rule

Wisconsin Business Closing Law Amendments Require Additional Information to Affected Employees

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