People: Andrew L. Scroggins, Partner

Photo of Andrew L. Scroggins, Partner

Andrew L. Scroggins

Partner

Chicago
Direct: (312) 460-5275
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Andy Scroggins is a partner in the Labor & Employment Department and an active member of the Firm’s Complex Discrimination Litigation and Wage & Hour Litigation Practice Groups. His practice includes an emphasis on complex collective and class action proceedings.  He regularly represents companies across the country facing class actions, collective actions, pattern or practice lawsuits, and systemic investigations, involving hundreds to thousands of putative class members. 

Mr. Scroggins also has extensive experience on matters before the Equal Employment Opportunity Commission, ranging from the early charge stage to complex litigation.  He has handled complex regional and national EEOC investigations and negotiations.  When the EEOC has resorted to litigation, Mr. Scroggins has defended our clients against administrative subpoena enforcement actions, nationwide pattern-and-practice litigation, and high-profile systemic cases.  Mr. Scroggins is a contributor to our annual Equal Employment Opportunity Commission Litigation Report.

Mr. Scroggins has been lead counsel for Epic Systems in the district and appellate courts, and co-counsel at the United States Supreme Court, in Epic Systems Corp. v. Lewis, which established that employers lawfully may require employees to enter into an arbitration agreement containing a waiver of the ability to participate in a class or collective action against an employer.

Mr. Scroggins also served as counsel for M&G Polymers at the district and appellate courts, and before the United States Supreme Court, in Tackett v. M&G Polymers, a significant ruling for employers which overturned the Sixth Circuit’s decades-old “Yard-Man presumption” in cases involving the interpretation of collective bargaining agreements and the duration of retiree health benefits.

Prior to earning his law degree, Mr. Scroggins worked for nine years in the human resources department of a global accounting and consulting firm.  In that capacity, he gained significant experience in investigating allegations of serious personnel misconduct; managing the preparation of affirmative action plans and government audits of those plans; conducting complex statistical analyses of personnel processes; devising compliant recruiting tools and processes; designing and implementing diversity programs; developing and drafting policies; and effectively communicating with a diverse workforce.

Andy Scroggins is a partner in the Labor & Employment Department and an active member of the Firm’s Complex Discrimination Litigation and Wage & Hour Litigation Practice Groups. His practice includes an emphasis on complex collective and class action proceedings.  He regularly represents companies across the country facing class actions, collective actions, pattern or practice lawsuits, and systemic investigations, involving hundreds to thousands of putative class members. 

Mr. Scroggins also has extensive experience on matters before the Equal Employment Opportunity Commission, ranging from the early charge stage to complex litigation.  He has handled complex regional and national EEOC investigations and negotiations.  When the EEOC has resorted to litigation, Mr. Scroggins has defended our clients against administrative subpoena enforcement actions, nationwide pattern-and-practice litigation, and high-profile systemic cases.  Mr. Scroggins is a contributor to our annual Equal Employment Opportunity Commission Litigation Report.

Mr. Scroggins has been lead counsel for Epic Systems in the district and appellate courts, and co-counsel at the United States Supreme Court, in Epic Systems Corp. v. Lewis, which established that employers lawfully may require employees to enter into an arbitration agreement containing a waiver of the ability to participate in a class or collective action against an employer.

Mr. Scroggins also served as counsel for M&G Polymers at the district and appellate courts, and before the United States Supreme Court, in Tackett v. M&G Polymers, a significant ruling for employers which overturned the Sixth Circuit’s decades-old “Yard-Man presumption” in cases involving the interpretation of collective bargaining agreements and the duration of retiree health benefits.

Prior to earning his law degree, Mr. Scroggins worked for nine years in the human resources department of a global accounting and consulting firm.  In that capacity, he gained significant experience in investigating allegations of serious personnel misconduct; managing the preparation of affirmative action plans and government audits of those plans; conducting complex statistical analyses of personnel processes; devising compliant recruiting tools and processes; designing and implementing diversity programs; developing and drafting policies; and effectively communicating with a diverse workforce.

Education

  • J.D., University of Illinois College of Law (2005) 
    summa cum laude
  • M.S., Communications, Northwestern University (1999)

  • B.A., English, University of Illinois Urbana-Champaign (1995)

Admissions

  • Illinois

Courts

  • U.S. Supreme Court
  • U.S. Court of Appeals for the Second Circuit
  • U.S. Court of Appeals for the Sixth Circuit
  • U.S. Court of Appeals for the Seventh Circuit
  • U.S. Court of Appeals for the Eighth Circuit
  • U.S. District Court in the Northern District of Illinois
  • U.S. District Court in the Southern District of Illinois
  • U.S. District Court in the Northern District of Indiana
  • U.S. District Court in the Eastern District of Wisconsin
  • U.S. District Court in the Western District of Wisconsin
  • U.S. District Court in the Eastern District of Michigan
  • U.S. District Court in the Eastern District of Tennessee
  • U.S. District Court in the Southern District of Florida
  • U.S. District Court in Massachusetts
  • U.S. District Court of the Southern District of Ohio
  • U.S. District Court of Eastern District of Missouri
  • U.S. District Court of the Northern District of California
  • U.S. District Court of the Eastern District of Pennsylvania
  • U.S. District Court of the Eastern District of Texas
  • U.S. District Court in Arizona

Representative Engagements

Class, Multiple Plaintiff and Collective Actions
  • EEOC v. Texas Roadhouse et al. (nationwide pattern and practice case alleging systemic age discrimination in hiring)
  • EEOC v. Darden Restaurants, Inc., et al. (nationwide pattern and practice case alleging systemic age discrimination in hiring)
  • Tackett v. M&G Polymers, USA (in a major victory for employers, the United States Supreme Court unanimously rejected a decades-old precedent involving vesting of retiree healthcare benefits)
  • Leading Financial Services Company (defeated putative class-wide wage and hour claims before discovery on complaint alleging that loan officers were misclassified as exempt under the FLSA)
  • Leading Pharmaceutical Company (defeated former employee’s claims that her termination violated the ADA and FMLA, defeated employee’s appeal to the Eighth Circuit, and recovered client’s costs)
  • Leading Software Company (obtained summary judgment verdict against former head of diversity’s claims of sex discrimination, Equal Pay Act, and breach of contract claims)

Presentations

  • “Class and Collective Action Waivers in Post-Epic World” Seyfarth Shaw LLP, National Wage and Hour Litigation Practice Group Meeting (June 20, 2018)

Publications

  • Contributor, “Equal Employment Opportunity Commission Litigation Report,” Seyfarth Shaw LLP (2015-2018)
  • Co-Author, "A Class Waiver Can Be A Condition of Employment," Management Alert, Seyfarth Shaw LLP (May 21, 2018)
  • Co-Author, " Trump Administration Nominates New EEOC General Counsel," Management Alert, Seyfarth Shaw LLP (March 20, 2018)
  • Co-Author, “SLOW DOWN Congress: You Are About to Render the FAA Inapplicable to Employment Disputes (and Class Waivers), and You Probably Don’t Realize It,” Workplace Class Action Blog, Seyfarth Shaw LLP (December 7, 2017)
  • Co-Author, “NLRB About-Face Highlights Lack of Reasoning on the Class Action “Right” It Seeks to Assert,” Wage & Hour Litigation Blog, Seyfarth Shaw LLP (October 4, 2017)
  • Co-Author, “Class Waivers at the Divided Supreme Court: Employers Cautiously Optimistic,” Wage & Hour Litigation Blog, Seyfarth Shaw LLP (October 3, 2017)
  • Co-Author, “Employer Insights From EEOC Enforcement Timelines,” Law360, (June 19, 2017)
  • Co-Author, “New Study Of EEOC Enforcement: Demystifying EEOC Determination, Conciliation & Litigation Timeline,” Workplace Class Action Blog, Seyfarth Shaw LLP (May 23, 2017)
  • Co-Author, “The EEOC Shoots At A Fish In The Proverbial Staffing Firm Barrel,” Workplace Class Action Blog, Seyfarth Shaw LLP (May 22, 2017)
  • Co-Author, “Mandatory Arbitration, Class Waivers, and the Future of Wage-Hour Litigation: 6th Circuit Shows One Reason Why High Court Rejection of D.R. Horton Theory Would Not Kill Collective Actions,” Wage & Hour Litigation Blog, Seyfarth Shaw LLP (June 26, 2017)
  • “Fifth Circuit Stands Pat, Again Rejects NLRB Attempt to Void Class and Collective Action Waiver,” Wage & Hour Litigation Blog, Seyfarth Shaw LLP (October 28, 2015)
  • "Fifth Circuit Rules That Plaintiffs’ Desire To Conduct Class-Wide Discovery Cannot Defeat Summary Judgment," Wage & Hour Litigation Blog, Seyfarth Shaw LLP (October 28, 2015)
  • “Seventh Circuit Rejects In-Network Providers’ Bid For ERISA Claims Procedures,” ERISA & Employee Benefits Litigation Blog, Seyfarth Shaw LLP (October 13, 2015)
  • Co-Author, "The NLRB and Managerial Discretion: Subcontracting, Relocations, Closings, Sales, Layoffs, and Technological Change," John M. Olin Institute for Employment Practice and Policy, George Mason University (2nd ed. 2010)

Accolades

  • “Labor & Employment Star - Midwest,” Benchmark Litigation -- Labor & Employment, 2018
  • “Recommended Attorney,” Legal 500, 2018-19
  • “Rising Star,” Super Lawyers magazine, Illinois Super Lawyers, 2015
  • Merit School of Music, Associate Board member