Mark Earnest's practice focuses on helping companies implement correct policies to avoid litigation and defending them if they are sued. He defends corporate clients in federal and state courts against class, representative, and individual actions alleging wage/hour and accessibility violations and has extensive experience in motion practice, alternative dispute resolution, arbitration, and trial. Clients praise Mark for his ability to appreciate their business needs and his strategic approach to accomplishing their litigation goals.
In addition to representing employers in all aspects of employment law, Mark is deeply involved in public accommodation access litigation filed under Title III of the Americans with Disabilities Act, California's Unruh Civil Rights Act, and various federal and state regulations and building codes. He has litigated class and individual lawsuits involving the alleged inaccessibility of websites, facilities, programs, and services offered by public and private entities. In addition, he counsels and aids retail and other businesses in implementing facility accessibility plans and audits.
Mark is a longtime member of the Orange County Bar Association, the Association of Business Trial Lawyers, and the J. Reuben Clark Law Society. He has served on the Executive Committee of the BYU Management Society — Orange County Chapter and is currently a board member for the Constitutional Rights Foundation Orange County. He has also presented and written articles on issues related to employment and disability access litigation and legislation.
Experience
Speaking Engagements
- January 22, 2020
Labor & Employment Case and Statutory Update 2020, Jones Day MCLE University - January 22, 2019
Labor & Employment Case and Statutory Update 2019, Jones Day MCLE University - September 11, 2018
Labor & Employment Law Update in the Wild, Wild (California) West - January 23, 2018
Labor & Employment Case and Statutory Update 2019, Jones Day MCLE University - January 25, 2017
Contingent Workers: Are They a Potential Liability?, Jones Day MCLE University - May 17, 2016
Title III of the ADA, the Internet, and New Technology
- Cornell University (J.D. 2007); Brigham Young University (B.A. in English cum laude 2004)
- California; U.S. District Courts for the Central, Eastern, and Southern Districts of California; and U.S. Court of Appeals for the Ninth Circuit
- Recognized by Super Lawyers in 2017, 2018, 2019, and 2020 as a Labor & Employment "Rising Star" for Southern California
- Intern to the late Hon. Phillip S. Figa, U.S. District Court, District of Colorado (Summer 2005)
- Russian