Partner

E. Sean McLoughlin

OVERVIEW

Veteran employment litigator and labor lawyer Sean Mcloughlin represents management and employers exclusively.

He is known for aggressive and innovative defenses of PAGA and class action lawsuits, particularly those involving California wage and hour law and federal FLSA claims. Sean defends employers in court and before arbitrators and administrative agencies, where he tries wage and hour, wrongful termination, retaliation and discrimination cases. Sean’s traditional labor law practice includes guiding management in avoiding union organization in their workplaces.

Over three decades of practice, Sean has developed and implemented cutting-edge arbitration strategies to preserve employers’ rights to defend claims on the merits of each individual case. Clients value Sean’s novel and confident approaches and how he presents options and solutions in their cases, including viable paths to winning or to significantly reducing exposure.

Sean has repeatedly used nascent developments in case law to promote maximal arbitration agreements. The impact for clients has been to eliminate expensive collective actions, such as Private Attorney General Act (PAGA) and class claims, and limit litigation threats to individual matters. His experience defending employers extends across such claims and issues as:
  • Disability Discrimination (ADA and FEHA)
  • Other Unlawful Discrimination (FEHA)
  • Sexual Harassment
  • Retaliation
  • Wrongful Termination
  • Breach of Contract / Commission Disputes
  • Labor Code Violations
  • OSHA Compliance and Citations
  • Wage and Hour Compliance
  • Employment and Employment Separation Agreements
Involved at every stage of a case, from prelitigation factual investigations to trial and appellate work, Sean practices in both state and federal courts. He also appears before the National Labor Relations Board (NLRB) in opposing union organizing campaigns, the U.S. Department of Labor in connection with wage and hour audits, and the California Labor Commissioner with respect to California’s wage and hour laws.
  • Santa Clara University School of Law – J.D. 1994
  • Colgate University – B.A. 1991

Enforcement of Arbitration for PAGA Cases

Obtained favorable Court of Appeal decisions on behalf of large staffing agency client enforcing arbitration agreement in PAGA cases. Lewis v. Simplified Labor Staffing Solutions, Inc. (2022) 85 Cal.App.5th 983; Hunt v. Simplified Labor Staffing Solutions (July 14, 2023, No. B319792) [2023 Cal. App. Unpub. LEXIS 4074].

PAGA Claims Against Financial Services Firm Dismissed

Obtained arbitrator’s order dismissing untimely individual and representative PAGA claims in arbitration on behalf of large financial services client.

Union Organizing Effort Quashed

Helped ambulance services client defeat union organizing effort in NLRB supervised election.

Compelling Arbitration Reduces PAGA Claims Exposure

Used recent Supreme Court decision to get dismissal of putative class claims in wage and hour case for large financial services client while compelling plaintiff’s Labor Code and PAGA claims to individual arbitration five years after adverse CA Court of Appeal decision upholding trial court’s initial decision refusing to enforce arbitration agreement in the case.

Wage and Hour Class Action Settled for Fraction of Demand

Used CCP 998 to force a low, six-figure settlement of putative class action wage/hour case after plaintiff’s counsel’s last demand at unsuccessful mediation was $2.5 million.

Dramatic Dilution of Class and PAGA Claims

Obtained L.A. Superior Court order striking putative class and PAGA allegations of copycat wage/hour class action based on individual settlement of identical previous putative class action and running of statute of limitations, precipitating nuisance value settlement.

Arbitrator Limits PAGA Claims in Wage and Hour Matter

Obtained arbitrator’s ruling limiting PAGA claims in wage/hour arbitration to individual PAGA claim under silent/ambiguous arbitration agreement.

Strategic Settlement in Wrongful Termination Suit

Negotiated modest settlement of plaintiff’s wrongful termination lawsuit to include arbitration provision that was then enforced against same plaintiff’s separate wage/hour class and PAGA lawsuit.

Class and PAGA Lawsuits Pushed to Individual Arbitrations

Compelled individual arbitration successfully in dozens of putative class and PAGA wage/hour lawsuits, resulting in dismissal of class claims and vastly diminished exposure for clients.

Defended Hospital in Union-Represented Nurses Claims

Enforced grievance arbitration provision of collective bargaining agreement (CBA) against putative class action wage/hour lawsuit filed by union-represented nurses against hospital client.

Settlement Agreement Leads to Bar of Claims in Arbitration

Enforced individual settlement agreement successfully to compel lawsuit to arbitration; once in arbitration succeeded in getting claims barred based on acts or omissions predating settlement.

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