SEAN McLOUGHLIN specializes in representing management and employers in employment litigation and labor law, including the defense of wage and hour class action cases. Sean defends employers and their management in court and before arbitrators and administrative agencies, and specializes trial of wrongful termination, retaliation and discrimination cases. His specialized expertise includes aggressive and innovative defense of class action, PAGA and UCL lawsuits based on California’s unique wage and hour laws, as well as federal FLSA claims. Additional expertise includes development and implementation of cutting edge arbitration strategies to preserve employers’ rights to defend claims on the merits of each individual case.
SEAN McLOUGHLIN litigates labor and employment cases for management. Specialized expertise includes aggressive and innovative defense of class action and UCL lawsuits based on California’s unique wage and hour laws, as well as federal FLSA claims. Additional expertise includes development and implementation of cutting edge arbitration strategies to preserve employers’ rights to defend wage and hour claims on the merits of each case.
During his 20 years of practice, Sean has defended employers in courts and in arbitration against claims of unlawful discrimination, sexual harassment, retaliation, wrongful termination, breach of contract, defamation, Labor Code violations, and unfair business practices. Experience spans all stages of employment suits, from conducting prelitigation factual investigations to trial and appellate work. Mr. McLoughlin practices in both state and federal courts, as well as before the National Labor Relations Board in opposing union organizing campaigns, the Department of Labor in connection with wage and hour audits, and the California Labor Commissioner with respect to California’s wage and hour laws. Mr. McLoughlin also counsels clients on trade secrets, OSHA compliance, employment policies and agreements, employment separation agreements, and non-competition and non-disclosure agreements. Understanding the full spectrum of competitive challenges facing employers today, Mr. McLoughlin works closely with clients to develop cost-effective strategies to achieve the outcome that the client desires.
Employment Litigation Victory in Court
Obtained summary judgment and award of prevailing defendant's attorneys fees on behalf of large grocery store chain against plaintiff alleging age discrimination and related wrongful termination theories
Class Action Victory & Innovative Litigation
Forced individual settlement of putative class action after trial court granted anti-SLAPP motion on behalf of employer, striking class representative's attempt to collaterally attack individual settlement agreements obtained by employer from 90% of individual putative class members.
Class Action Victory
Defeated class certification motion in putative class action lawsuit alleging company wide misclassification of retail employees as exempt management employees.
Arbitration and Appellate Victory in Disability and Retaliation Case
Persuaded Arbitrator to issue arbitration award in favor of employer following three day arbitration hearing of claims alleging retaliation following report of workplace injury and resulting disability, after obtaining Court of Appeal reversal of trial court’s erroneous decision refusing to compel arbitration. Reynolds v. Cornerstone Staffing Solutions, Inc., No. A110952, 2006 WL 2536712 (Cal. App. 1 Dist. Sept. 5, 2006).
Union Avoidance Victory
Successfully litigated bargaining unit issues, obtained dismissal of ULP charges and ultimately forced Teamsters to withdraw petition on eve of NLRB supervised election at manufacturing and warehousing operation.
Appellate Victory in Wage/Hour Class Action
Recently obtained Court of Appeal decision enforcing class action waiver provision within employer’s arbitration policy, compelling putative class action plaintiff to arbitrate on an individual basis, thereby effectively defeating attempted class action lawsuit alleging wage and hour violations and PAGA claims under California Labor Code. Maiorano v. Professional Community Management, Inc., No. B220127, 2010 WL 3786721 (Cal. Ct. App. 2d Dist. Sept. 30, 2010).