Businesses, owners, and boards of directors look to Scott as their outside general counsel to ensure legal compliance of their operations and initiatives. Scott also represents businesses and manages litigation in federal and state courts and administrative agencies throughout the country in all areas of employment law, with particular focus on:
- Employment discrimination, including before the Equal Employment Opportunity Commission (EEOC) and Office of Federal Contract Compliance Programs (OFCCP)
- Non-compete and trade secrets
- Labor arbitrations, investigations and hearings before the National Labor Relations Board
Scott counsels clients on workforce structure, human resource audits and best practices, complex termination and disability/Family and Medical Leave Act matters, and complex internal investigations involving employee malfeasance or misconduct.
Scott’s abilities and professionalism have been observed and recognized by clients, peers, and judges alike. Chambers USA has rated Scott a leader in the area of Labor and Employment Law since 2008. He has been named as one of the “100 Most Powerful Employment Lawyers” since 2011 by Human Resources Executive and has been listed in The Best Lawyers in America for over 10 years.
Scott represents a variety of industries, but is particularly experienced in advanced manufacturing, transportation, healthcare, and financial services. His practice and recent experience includes the following:
Litigation and arbitration
Scott has obtained multiple verdicts in jury trials and bench trials in various federal and state courts. These cases have involved claims of discrimination, harassment, retaliation, and breach of contract and other torts. Scott has successfully argued several cases before the United States Seventh Circuit Court of Appeals and the Wisconsin Supreme Court. Scott has tried to decision and won more than 100 decisions and orders before state equal rights agencies in multiple states. Scott has arbitrated and won over 50 arbitration cases in forums around the United States in both discharge and contract interpretation cases. He has also obtained dozens of injunctions on behalf of employers regarding non-competes and other restrictive covenants.
Employment and labor relations
Scott advises both union-free and organized employers. Scott regularly negotiates labor agreements on behalf of employers. Scott has advised on dozens of union organizing campaigns and decertification campaigns throughout the country. Recently, Scott has counseled employers in the upper Midwest on strategies around newly enacted right to work laws.
Scott has experience in establishing and implementing compliance programs for clients. Scott led a compliance audit for a client which covered patents, trade secret and trademark protections and practices; privacy of customer health and financial data; employment policies and practices; state registration requirements; and customer agreement templates for product and service offerings. This audit led to a compliance function set up within the company with linkage to Michael Best as outside counsel. The program has been operational and functional for over three years.
Scott recently represented business members of the Metropolitan Milwaukee Association of Commerce against a City of Milwaukee ordinance that would have mandated sick pay for part time and full time workers within the city. Scott won an injunction against the ordinance and a split decision at the Wisconsin Supreme Court. This case drew national attention. As the lawsuit proceeded, the ordinance ultimately was never implemented due to a statutory change by the Wisconsin legislature to prevent local regulation of labor policy of a state-wide concern.
Scott recently won the dismissal of a talent recruitment company from a nationwide employment discrimination class action alleging age discrimination in hiring. The “joint employer” allegation was rebutted. Scott also recently won the dismissal of an OFCCP enforcement action against a company alleged to have engaged in pattern and practice race discrimination in hiring. The OFCCP’s statistical methods were rebutted.
Honors & Recognitions
- Leading Labor and Employment Lawyer, Chambers USA, 2008-present
- 100 Most Powerful Employment Lawyers, prepared for Human Resource Executive® by Lawdragon, 2011-present
- The Best Lawyers in America®, Employment Law – Management, Labor Law – Management and Litigation - Labor and Employment, 2005-present
- “Leading Lawyers” list, Milwaukee’s M Magazine, 2015
- Lexology Client Choice Award, Employment & Benefits, 2014
- Martindale-Hubbell® AV Preeminent Rated
- “Super Lawyers” list Super Lawyer Magazine in the area of Employment and Labor, 2005, 2007-present
- Regent, University of Wisconsin Systems
- Founding member, former CFO, and Board member of the Employment Law Alliance, the world’s largest network of labor and employment lawyers (www.employmentlawalliance.com/)
- Member, U.S. Chamber of Commerce, Public Affairs Committee and Labor and Employment Committee
- Board of Directors, The Water Council (www.thewatercouncil.com/)
- Advisor, MMAC Region 7 Economic Development initiative for Southeast Wisconsin (advise companies and investors for siting operations and investments to the region)
- Director, Wisconsin State Bar, Labor and Employment Section, President, 2001-2002
- Member, American Bar Association