Mark E.Earnest


(T) 1.949.553.7580

Mark Earnest's practice focuses on helping his clients implement correct policies to avoid litigation and defending them if they are sued. He defends companies against class actions and individual lawsuits alleging wage/hour and accessibility violations, as well as litigating trade secret and employee mobility issues. Mark also represents employers in all aspects of employment law, including in administrative actions, involving claims of discrimination, harassment, fraud, defamation, wrongful discharge, retaliation, and unfair competition.

Mark is also deeply involved in public accommodation access litigation filed under Title III of the Americans with Disabilities Act, California's Unruh Civil Rights Act, and Blind and Disabled Persons Act and various federal and state regulations and building codes. He has litigated class actions and individual lawsuits involving the alleged inaccessibility of 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.

Clients praise Mark for his ability to appreciate their business needs and his strategic approach to accomplishing their litigation goals. He represents corporate clients in federal and state courts and has extensive experience in law and motion practice, alternative dispute resolution, and trial.

Mark is a longtime member of the Orange County Bar Association and the J. Reuben Clark Law Society, has served on the Executive Committee of the BYU Management Society — Orange County Chapter, and has written articles on employee and health care litigation.


  • 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.
  • Additional Publications

    • September 2016Are Vending Machines Public Accommodations Under ADA?, Law 360

    Speaking Engagements

    • January 31, 2019
      Speaking Engagements below will not display on until they are added by Business Development staff.
    • 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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