Aaron L.Agenbroad

Partner-in-Charge San Francisco

San Francisco + 1.415.875.5808

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Aaron Agenbroad serves as Partner-in-Charge of the San Francisco Office and has represented companies in labor and employment disputes for more than 25 years. His practice includes all aspects of labor and employment law, with a focus on representing corporate clients in complex labor and employment disputes.

In the employment arena, his practice includes litigation of California wage and hour class actions and FLSA collective actions, California discrimination cases under FEHA and CFRA, and federal discrimination cases, including ADEA, FMLA, ADA, and Title VII claims. Aaron has experience with all phases of litigation and has tried multiple cases to verdict in bench and jury trials. He also regularly counsels employers in employment matters, including reductions in force, employee terminations, FMLA and CFRA issues, and EEOC and FEHA charges.

In his traditional labor work, Aaron's experience includes representation of management in labor arbitrations in the media, health care, refining, and manufacturing industries. He also has represented clients in NLRB proceedings, led collective bargaining negotiations, and worked in defending union organizing campaigns. He has bargained dozens of initial and successor collective bargaining agreements. His NLRB election experience includes successful results in certification and decertification elections involving retail facilities, newspapers, casinos, and health care institutions.

Recent successes include full defense verdicts as lead counsel in trials on behalf of R.J. Reynolds and the Port of Oakland, the resolution of statewide wage and hour class actions on behalf of Neiman Marcus and Chevron Stations Inc., and leading successful collective bargaining negotiations in the health care, shipping, and media industries. Representative clients include Chevron, IBM, Neiman Marcus, McDonald's, R.J. Reynolds, United Airlines, and Stanford.

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Experience

  • Verizon obtains summary judgment win in prevailing wage disputeJones Day secured a victory on behalf of Verizon Communications, Inc. against a former employee of one of Verizon's contractors who had sued Verizon under a joint employer theory, winning summary judgment against the plaintiff on all of her claims.
  • Chevron summary judgment win affirmed by California Court of Appeal in California FEHA age discrimination caseThe California Court of Appeal affirmed the summary judgment ruling won by Jones Day on behalf of Chevron Products Company and Chevron Corporation in an age discrimination case brought by a former contractor of Chevron.
  • SunPower closes sponsored spin-off of solar panel production operationsJones Day advised SunPower Corporation (NASDAQ: SPWR), one of North America's largest solar-panel makers, in a sponsored spin-off of its solar panel production operations into a new public company – Maxeon Solar Technologies – which will be headquartered in Singapore.
  • NEP acquires BexelJones Day advised NEP Group, Inc. in its acquisition of Bexel Global Broadcast Solutions ("Bexel"), a subsidiary of Vitec Group plc.
  • Alameda Health System prevails on grievance regarding independent contractor status of anesthesiologists.Jones Day client Alameda Health System ("AHS") prevailed in a grievance filed by a class of anesthesiologists seeking status as employees instead of as independent contractors.
  • R. J. Reynolds wins full defense verdict after trial of race discrimination and wrongful termination claimsJones Day represented R. J. Reynolds Tobacco Company ("Reynolds") in connection with a lawsuit filed by a former employee asserting causes of action for race discrimination and wrongful termination in violation of public policy.
  • United Continental Holdings obtains summary judgment in single plaintiff employment disputeJones Day represented United Continental Holdings, Inc. ("United") in connection with a lawsuit filed by a former employee asserting causes of action for breach of contract and breach of fiduciary duty.
  • McDonald's obtains summary judgment in single plaintiff actionJones Day represented McDonald's USA, LLC in connection with a single plaintiff suit filed by a former employee in California state court.
  • PG&E defeats defamation and wrongful termination chargesJones Day served as lead counsel for Pacific Gas & Electric Company in defending claims of defamation and wrongful termination brought on by a former employee in California.
  • National retail store defends against class action alleging misclassification, meal period and rest break violationsJones Day defended a national retail store in a California class action alleging that merchandise assistants had been misclassified and improperly denied meal periods and rest breaks.
  • Verizon Wireless obtains complete dismissal of claims by former employee alleging discrimination and wrongful terminationOn behalf of Verizon Wireless, Inc., Jones Day obtained summary judgment and a complete dismissal of a former employee's claims of disability discrimination, violation of the California Family Rights Act, wrongful termination in violation of public policy and retaliation.
  • SAP AG acquires Clear StandardsJones Day advised SAP AG in its acquisition of Clear Standards, a privately held innovator of enterprise carbon management solutions.
  • Lennar defends against putative class action involving allegations under misclassification theoryJones Day represented Lennar Corporation in a putative class action by assistant construction managers alleging unpaid overtime, waiting time penalties, and unfair competition under a misclassification theory.
  • Verizon Wireless defends against age discrimination actionJones Day defended Verizon Wireless in an action alleging age discrimination in employment.
  • Sutter Health represented on UHWW representation proceedings and electionJones Day successfully represented Sutter Health in connection with representation proceedings and election.
  • IBM defends against putative nationwide age discrimination class action arising out of reductions-in-forceJones Day represented International Business Machines Corporation ("IBM") in a putative collective action brought by 12 former IBM employees alleging discrimination under the Age Discrimination in Employment Act on behalf of upwards of 15,000 former employees over the age of 40 who were terminated in conjunction with reductions in force between 2001-2005.
  • Chevron defends against wrongful termination action based on alleged retaliation for filing worker compensation claimJones Day defended Chevron Corporation against a wrongful termination claim premised on alleged retaliation for filing a workers compensation claim.
  • AstraZeneca defends against allegations of wrongful discharge, breach of contract and failure to pay wagesJones Day defended AstraZeneca LP as the employer in a wrongful discharge, breach of contract and failure to pay wages claim.
  • Port of Oakland obtains full defense verdict in discrimination and wrongful termination caseJones Day defended Port of Oakland against discrimination and wrongful termination claims.
  • Alameda County Medical Center negotiates collective bargaining for nurse unit and service, technical and non-RN professionals unitJones Day represented Alameda County Medical Center in connection with collective bargaining negotiations for nurse unit and service, technical and non-RN professionals unit.
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    December 2023 White Paper

    A Review of 2023 Labor & Employment Legislation in California

    OCTOBER 2023 Commentary

    Proposed IRS Regulations on Tax Credits for Renewable-Energy Investments Include Wage and Apprenticeship Requirements

    May 2023 Commentary

    Prevailing Wages and More: Developer and Contractor Obligations in CHIPS Act-Funded Construction Projects

    APRIL 2023 Commentary

    New Federal Laws Provide Expanded Protections for Pregnant and Nursing Workers

    February 2023 Alert

    OFCCP Extends Deadline and Opens Door for New Objections to Disclosure of EEO-1 Data

    January 2023 White Paper

    A Review of 2022 Labor & Employment Legislation in California

    November 2022 Commentary

    More Pay Reporting and Disclosure Obligations on the Horizon for Employers

    September 2022 Commentary

    The Back-and-Forth Continues: NLRB Once Again Seeks to Broaden Its Joint-Employer Standard

    June 2022 Commentary

    Supreme Court Upholds Representative Action Waivers In Employee Arbitration Agreements

    May 2022 Alert

    California Supreme Court Authorizes Additional Remedies for Meal Break Violations: Waiting Time and Wage Statement Penalties Now on the Menu

    View All

    Additional Publications

    • December 2016A Year In . . . Review of California's New Pay Equity Law, Daily Journal
    • December 2016Complex Wage & Hour Issues, National Employment Law Institute, 2016 Employment Law Conference Manual
    • July 2016Recent Updates to the California Fair Employment & Housing Act (FEHA), National Employment Law Institute, 2016 California Employment Law Manual
    • May 2016Annual Wage & Hour Update, National Employment Law Institute, 2016 Mid-Year Employment Law Conference Manual
    • December 2015Annual Wage & Hour Update, National Employment Law Institute, 2015 Employment Law Manual
    • September 2015Section 7: What Non-Unionized Employers Need to Know, Practising Law Institute, Cutting-Edge Employment Law Issues 2015: The California Difference
    • May 2015Complicated Wage & Hour Issues, National Employment Law Institute, 2015 Mid-Year Employment Law Manual
    • August 2014Troublesome Wage & Hour Issues, National Employment Law Institute 2014 Public Sector EEO & Employment Law Manual
    • May 2014Complicated Wage & Hour Issues, National Employment Law Institute 2014 Mid-Year Employment Law Conference Manual
    • July 11, 2013Recent Legislative Activity and Agency Initiatives, National Employment Law Institute 37th Annual Employment Discrimination Law Update Manual
    • June 16 & 18, 2013California Family Rights Act, National Employment Law Institute, 2013 California Employment Law Briefing Manual
    • May 3, 2013Complex FMLA Issues, National Employment Law Institute, 2013 Mid-Year Employment Law Manual
    • June 19, 2012CFRA Practice & Pitfalls, National Employment Law Institute's 2012 California Employment Law Update Manual
    • November 17, 2011Continued Surge in Retaliation & Whistleblowing Claims, National Employment Law Institute's 2011 Employment Law Conference Manual
    • August 2011FMLA Practice & Pitfalls, National Employment Law Institute's 2011 Public Sector & Employment Law Manual, Chapter 7
    • May 2011Legislative Activity & Agency Initiatives Update, National Employment Law Institute's 2011 Employment Law Workbook, Chapter 2
    • November 2010Federal and State Legislative and Regulatory Agenda: What's Cooking and What's on the Horizon? Practicing Law Institute, California Employment Law Update 2010
    • July 10, 20092009 Legislative Developments in Labor & Employment Law
    • September 2008Benefits and Pitfalls of the Contingent Workforce, Practising Law Institute, 37th Annual Institute on Employment Law
    • October 2005Recent Developments in Traditional Labor Law, coauthor, 2005 Employment Law Conference, National Employment Law

    Speaking Engagements

    • November 30, 2017Complex Wage & Hour Issues, National Employment Law Institute, 2017 Employment Law Conference
    • May 4, 2017Complex Wage & Hour Issues, National Employment Law Institute, 2017 Mid-Year Employment Law Conference
    • December 1, 2016Complex Wage & Hour Issues, National Employment Law Institute, 2016 Employment Law Conference
    • July 13, 2016Recent Updates to the California Fair Employment & Housing Act (FEHA), National Employment Law Institute, 2016 California Employment Law Update
    • May 26, 2016Annual Wage & Hour Update, National Employment Law Institute, 2016 Mid-Year Employment Law Conference
    • May 3-4, 2016The Culturally Competent Law Department: Promoting Inclusion
    • December 3, 2015Annual Wage & Hour Update, National Employment Law Institute, 2015 Employment Law Conference
    • September 30, 2015Section 7: What Non-Unionized Employers Need to Know, Practising Law Institute, Cutting-Edge Employment Law Issues 2015: The California Difference
    • May 8, 2015Complicated Wage & Hour Issues, National Employment Law Institute, 2015 Mid-Year Employment Law Conference
    • April 22, 2015The Catch 22 of Managing Disabled Employees, National Employment Law Council
    • November 6, 2014Class Action Fundamentals, American Bar Association, 8th Annual Labor & Employment Meeting
    • August 21, 2014Troublesome Wage & Hour Issues, National Employment Law Institute, 2014 Public Sector EEO & Employment Law Conference
    • May 22, 2014Complicated Wage & Hour Issues, National Employment Law Institute, 2014 Mid-Year Employment Law Conference
    • September 10, 2013Retaliation & Whistleblower Claims, PLI's California Employment Law Update Course Book 2013
    • July 11, 2013Recent Legislative Activity and Agency Initiatives, National Employment Law Institute, 37th Annual Employment Discrimination Law Update
    • June 16 & 18, 2013California Family Rights Act, National Employment Law Institute, 2013 California Employment Law Briefing
    • May 3, 2013Complex FMLA Issues, National Employment Law Institute, 2013 Mid-Year Employment Law Conference
    • June 19 & 27, 2012CFRA Practice & Pitfalls, National Employment Law Institute, 2012 California Employment Law Update
    • November 17, 2011Continued Surge in Retaliation & Whistleblowing Claims, National Employment Law Institute, 2011 Employment Law Conference
    • November 9, 2011Litigating Employment Discrimination Claims - A View From All Sides, Practising Law Institute, California Employment Law Update
    • November 4, 2011Post-Employment Conduct by Employers and Employees: Not a time to Let Your Guard Down, ABA Section of Labor & Employment Law, 5th Annual Labor & Employment Law Conference
    • August 26, 2011FMLA Practice & Pitfalls, National Employment Law Institute, 2011 Public Sector EEO & Employment Law Conference
    • May 5, 2011Legislative Activity & Agency Initiatives Update, National Employment Law Institute, Sixteenth Annual Employment Law Workshop
    • November 5, 2010Federal and State Legislative and Regulatory Agenda, What's Cooking and What's on the Horizon, Practicing Law Institute, California Employment Law Update
    • October 14, 2010EFCA by Other Means, Jones Day 2010 California Labor & Employment Law Briefing
    • January 13, 2010Seriatim Suits, Seats and Single-Plaintiff PAGA Claims: California's Updated Wage and Hour Landscape, Jones Day University
    • October 1-2, 2009Federal and State Legislative and Regulatory Agenda, Practising Law Institute, 38th Annual Institute on Employment Law
    • September 25-26, 2008Benefits and Pitfalls of the Contingent Workforce, Practising Law Institute, 37th Annual Institute on Employment Law
    • October 26, 2007Personnel, Investigative and Health Records, Practising Law Institute, 36th Annual Institute on Employment Law
    • April 27, 2007Significant Recent EEO Decisions and Trends
    • December 1, 2003Walking the Tightrope: Multi-Employer Worksite Considerations, Organization Resources Counselors, Inc.

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