Mark E.Earnest

Partner

Irvine + 1.949.553.7580

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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

  • Insurance company obtains full victory in nationwide putative class actionJones Day secured a full victory for a large national insurance company and several affiliated entities in a nationwide putative class action asserting RICO fraud claims and wage and hour claims in connection with the client’s design and operation of several independent contractor agent programs
  • Applied Medical Resources' arbitration agreement enforceability affirmed on appealJones Day obtained a significant victory for client Applied Medical Resources Corporation ("AMRC") in a putative wage and hour class arbitration alleging claims for violation of California's Labor Code, obtaining a published opinion confirming the enforceability of an arbitration agreement between Applied Medical and the plaintiff, an AMRC employee.
  • McDonald's victorious at trial against state-wide California class action wage and hour PAGA claimsJones Day prevailed in gutting the remaining part of a state-wide class and representative action under the California Labor Code Private Attorneys General Act filed against McDonald’s Corporation.
  • McDonald’s defeats attempt to expand class actionOn February 15, 2017, Jones Day and client McDonald’s Corporation successfully blocked plaintiffs’ attempt to certify three new theories of liability in a statewide wage and hour class action.
  • McDonald’s defeats class certification and PAGA claims in statewide California class action wage and hour caseIn a series of wins, Jones Day client McDonald’s Corporation defeated class action and PAGA claims brought against the company in a California-wide wage and hour lawsuit.
  • Verizon's summary judgment win in discrimination case affirmed by California Court of AppealsThe Court of Appeal for the State of California affirmed the trial court's ruling for Jones Day's client Verizon California, Inc. in this discrimination and retaliation matter.
  • Williams-Sonoma and Pottery Barn successfully defend against Title III Accessibility class actionsJones Day defended Williams-Sonoma and Pottery Barn against two separate class action lawsuits arising under Title III of the Americans with Disabilities Act.
  • Applied Medical Resources obtains dismissal of discrimination actionApplied Medical Resources Corporation retained Jones Day to defend the company against a former employee's claim that he was terminated based on his age and in retaliation for lodging various complaints.
  • Glidewell obtains TRO to protect trade secretsJones Day represented James R. Glidewell, Dental Ceramics, Inc., a leading developer of innovative products for the dental industry, after two high-ranking research and development employees left and started a competing business.
    • View All

    July 2021 Alerts

    California Supreme Court Concludes "Regular Rate of Pay" Applies When Calculating Meal and Rest Period Penalties

    JANUARY 2021

    California Supreme Court Rules Dynamex Is Retroactive

    January 2021 White Paper

    A Review of 2020 Labor & Employment Legislation In California

    January 2019 Commentaries

    2019 California Employment Legislation Update

    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

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