Mark Earnest has spent more than 15 years advocating for employers in complex, high-stakes litigation matters with a focus on class actions and representative actions under California's Private Attorneys General Act (PAGA). He is an accomplished trial lawyer who has prevailed in multiple bench and jury trials and arbitrations and has extensive experience in all aspects of litigation, motion practice, and alternative dispute resolution. He represents corporate clients throughout the United States and is particularly adept at defending against claims alleging wage and hour violations (including reporting time, meal and rest breaks, overtime, waiting time, and employee misclassification) and trade secret misappropriation. 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 has litigated class and individual lawsuits involving the alleged inaccessibility of websites, facilities, programs, and services offered by public and private entities filed under the Americans with Disabilities Act (ADA), California's Unruh Civil Rights Act, and various federal and state regulations and building codes. He also 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 and currently sits on the board for the Constitutional Rights Foundation, Orange County chapter. He presents to employers on issues related to employment litigation and legislation.
Mark is the administrative partner for the Irvine Office.
Esperienze
- 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
The Best Lawyers in America: Employment Law (2025)
Super Lawyers: Employment "Rising Star" for Southern California (2017-2020)
- Intern to the late Hon. Phillip S. Figa, U.S. District Court, District of Colorado (Summer 2005)
- Russian