Aaron A. Buckley

Partner

Aaron Buckley has over 20 years of experience representing employers.  His practice is focused on the defense of a wide range of employment claims including wage and hour, wrongful termination, discrimination, harassment, and retaliation.  Aaron also regularly advises and counsels employers on a full range of employment law compliance issues, including wage and hour, employee discipline and termination, and other human resources matters.  He also regularly provides training to management on human resources and litigation avoidance topics.

Aaron has represented employers in over 50 class actions in California and federal courts involving wage and hour and other issues, as well as dozens of cases involving representative claims for civil penalties brought under the California Labor Code Private Attorneys General Act (PAGA).

Aaron is a member of the Wage & Hour Defense Institute, an invitation-only group consisting of top management-side wage and hour litigators throughout the United States.  He is a frequent speaker on wage and hour and other employment law topics at national legal conferences.  Aaron authors a monthly column, “Wage & Hour Advisor,” which is published in Bender’s California Labor & Employment Bulletin.

Prior to beginning his legal career, Aaron was an infantry officer in the United States Army 1986-1993. 

Education

  • Southern Illinois University School of Law, J.D. 1996, cum laude
  • United States Military Academy, B.S. 1986

Professional Experience

  • Paul, Plevin, Sullivan & Connaughton LLP, Partner, 2008 –  present; Associate, 2004 –  2007
  • Wilson, Petty, Kosmo & Turner LLP, Associate, 2000 – 2004
  • Thompson Coburn LLP, Associate, 1996 – 1999

Admissions

  • All state courts of California, Arizona, Illinois, and Missouri
  • United States Court of Appeals for the Ninth Circuit
  • United States District Courts for the Eastern, Central, Northern, and Southern Districts of California
  • All United States District Courts in Illinois
  • United States District Court for the Eastern District of Missouri

Professional Activities

  • Member, American Bar Association, Labor and Employment Law Section
  • Member, State Bar of California, Labor and Employment Law and Litigation Sections
  • Member, San Diego County Bar Association, Labor and Employment Law Section
  • Member, Wage & Hour Defense Institute

 

 

Publications

  • California Assembly Bill Seeks to Raise Salary Threshold for White Collar Exempt Employees, Bender’s California Labor & Employment Bulletin, May 2017
  • Court Certifies Class Action For Retail Workers Subjected To Off-The-Clock Security Screening, Bender’s California Labor & Employment Bulletin, May 2017
  • California Court Rules Commissioned Employees Must Be Paid Separately For Rest Breaks, Bender’s California Labor & Employment Bulletin, April 2017
  • California Supreme Court to Decide Fate of De Minimis Rule, Bender’s California Labor & Employment Bulletin, March, 2017
  • California Supreme Court: Employees Cannot Be Required to Remain On-Call During Rest Breaks, Bender’s California Labor & Employment Bulletin, February 2017
  • Future of New FLSA Overtime Rule Uncertain After Federal Court Temporarily Blocks Implementation, Bender’s California Labor & Employment Bulletin, January 2017
  • New Law Prohibits Contracts Requiring California Employees to Adjudicate Employment Disputes in or Under the Laws of Another State, Bender’s California Labor & Employment Bulletin, December 2016
  • Governor Brown Signs Bills to Expand California Fair Pay Act, Bender’s California Labor & Employment Bulletin, November 2016
  • Ninth Circuit Joins Circuit Split by Holding Class Action Waivers Violate the NLRA, Bender’s California Labor & Employment Bulletin, October 2016
  • Does the Court or the Arbitrator Decide Whether an Arbitration Agreement Permits Class Claims? California Supreme Courts Says “It Depends”, Bender’s California Labor & Employment Bulletin, September 2016
  • Reclassifying Employees from Exempt to Nonexempt: Tips for Employers, Bender’s California Labor & Employment Bulletin, August 2016
  • FLSA Overtime Exemption Changes: What California Employers Need to Know, Bender’s California Labor & Employment Bulletin, July 2016
  • Ninth Circuit Holds Neutral Time Rounding and De Minimis Rule Consistent with Federal and California Law, Bender’s California Labor & Employment Bulletin, June 2016
  • California to Phase in $15 Minimum Wage, Bender’s California Labor & Employment Bulletin, May 2016
  • FLSA Exemption Changes Could Take Effect in Summer 2016, Bender’s California Labor & Employment Bulletin, April 2016
  • U.S. Department of Labor Issues New Interpretation on Joint Employment Relationships, Bender’s California Labor & Employment Bulletin, March 2016
  • U.S. Supreme Court (Again) Reverses California Arbitration Agreement Ruling, Bender’s California Labor & Employment Bulletin, February 2016
  • Court Holds California Law Does Not Require Compensation for Avoidable Bag Checks, Bender’s California Labor & Employment Bulletin, January 2016
  • 2016 Ballot Likely to Include Initiative to Establish $15 Statewide Minimum Wage, Bender’s California Labor & Employment Bulletin, December 2015
  • Ninth Circuit Adopts California Supreme Court’s Iskanian Rule; Holds PAGA Waivers Unenforceable, Bender’s California Labor & Employment Bulletin, November 2015
  • Off-the-Clock Claims Involving Mobile Devices: Lessons From Recent Cases, Bender’s California Labor & Employment Bulletin, October 2015
  • California Paid Sick Leave Law Amended and Clarified, Bender’s California Labor & Employment Bulletin, September 2015
  • Proposed Change to FLSA White Collar Exemption Could Have Big Impact in California, Bender’s California Labor & Employment Bulletin, August 2015
  • Los Angeles to Raise Minimum Wage to $15 an Hour, Bender’s California Labor & Employment Bulletin, July 2015
  • Federal Judge: U.S. Supreme Court’s Bag Check Decision Not Applicable to California Law, Bender’s California Labor & Employment Bulletin, June 2015
  • Ninth Circuit Asks California Supreme Court to Clarify “Day of Rest” Requirements, Bender’s California Labor & Employment Bulletin, May 2015
  • Appellate Court Limits Healthcare Workers’ Ability to Waive Meal Breaks, Bender’s California Labor & Employment Bulletin, April 2015
  • Appellate Court: It’s Okay for Employees to Remain On-Call During Rest Breaks, Bender’s California Labor & Employment Bulletin, March 2015
  • California Supreme Court: On-Call Employees Sleeping on Employer’s Premises Must Be Paid, Bender’s California Labor & Employment Bulletin, February 2015
  • How to Protect Yourself Against “Time Rounding” Claims, Bender’s California Labor & Employment Bulletin, January 2015
  • Northern California Voters Approve Minimum Wage and Paid Sick Leave Measures; San Diego's Ordinance on Hold, Bender’s California Labor & Employment Bulletin, December 2014
  • California Employers Must Provide Paid Sick Leave Beginning in July 2015, Bender’s California Labor & Employment Bulletin, November 2014
  • Employers Must Reimburse Employee’s Cell Phone Expenses, Bender’s California Labor & Employment Bulletin, October 2014
  • California Supreme Court Limits Commissioned Employee Exemption, Bender’s California Labor & Employment Bulletin, September 2014
  • The Iskanian Decision: Predictions on Long-Term Impact, Bender’s California Labor & Employment Bulletin, August 2014
  • Recent Decision Shows How Employers Can Defend Against Off-the-Clock Work Claims, Bender’s California Labor & Employment Bulletin, July 2014
  • Miscalculating the Regular Rate of Pay: A Common and (Very) Expensive Mistake, Bender’s California Labor & Employment Bulletin, June 2014
  • California Supreme Court to Clarify Suitable Seating Requirements, Bender’s California Labor & Employment Bulletin, May 2014

Speaking Engagements

  • The California Fair Pay Act, HR Academy for Professional Excellence, May 2017
  • Off-the-Clock Claims in the New Economy, American Conference Institute, January 2017
  • Wage and Hour Developments, PPSC Annual Employment Law Update, October 2016
  • The New Overtime and White-Collar Exemption Regulations, American Conference Institute, September 2016
  • Wage and Hour Class Actions:  Hot Buttons to Watch for in 2016, The Knowledge Group, June 2016
  • New Pay Equity Laws in New York and California, American’s Conference Institute’s 27th Wage and Hour Claims and Class Actions Conference, June 2016
  • New Laws, Regulations and Executive Orders, PPSC Annual Employment Law Seminar, October 2015
  • Dealing with Employee Classifications, PPSC Annual Employment Law Seminar, October 2015
  • Defending and Managing the Latest Off-the-Clock Claims Involving the Use of Smartphones/Mobile Devices Outside of Scheduled Hours, the Continuous Work Day, Working Remotely and Alternative Working Arrangements, American Conference Institute’s National Forum on Wage & Hour Claims and Class Actions, September 2015
  • New Developments, PPSC Annual Employment Law Seminar, November 2014
  • Effectively Managing Wage and Hour Class Actions, Association of Corporate Counsel, September 2014
  • Iskanian v. CLS Transportation:  New Pronouncement on Contractual Class Action Waivers and PAGA Representative Actions, San Diego County Bar Association, July 2014
  • The Million Dollar Chair and Other Wage and Hour Trends, PPSC Annual Employment Law Seminar, October 2013 
  • Arbitration Agreements and Class/Collective Action Waivers, Wage and Hour Defense Institute, October 2013
  • Quarterly Update on Developments in Wage & Hour Law, Wage and Hour Defense Institute, February 2013
  • Wage and Hour Update, State Bar of California’s Advanced Wage and Hour Conference, July 2012
  • California’s New Wage Notice & Commission Agreement Requirements, Association of Corporate Counsel, April 2012
  • Costliest Classification and Deduction Mistakes and How to Avoid Them, Employers Group, November 2011
  • July 12, 2017: NELI: 41st Annual Employment Law Update
  • January 27, 2017: ACI National Forum on Wage & Hour Claims and Class Actions
  • September 26, 2016 - September 27, 2016: ACI's 28th National Forum on Wage & Hour Claims & Class Actions

Representative Matters

  • Defense verdict in a wage and hour misclassification trial on behalf of an insurance provider
  • Achieved dismissal of a statewide Private Attorneys’ General Act (PAGA) lawsuit involving retail workers
  • Successfully opposed class certification in a wage and hour class action involving shipyard workers
  • Achieved dismissal of a Fair Credit Reporting Act class action on behalf of a shipyard contractor
  • Successfully opposed class certification in a wage and hour class action involving factory workers
  • Achieved summary judgment in an employment discrimination case on behalf of a temporary staffing company
  • Achieved dismissal of a wage and hour class action on behalf of a public transportation agency
  • Achieved decertification of a class of technology workers in a wage and hour misclassification case; decertification affirmed by Court of Appeal
  • Achieved dismissal of a wage and hour case involving a medical transcriptionist
  • Achieved dismissal of a wage and hour class action on behalf of a public entity employer based on Constitutional immunity (U.S. District Court, Southern District of California)
  • Defense verdict in a wage and hour misclassification trial on behalf of a wireless communication company; judgment affirmed by Court of Appeal in published opinion
  • Successfully opposed class certification in a misclassification class action involving software engineers
  • Defense counsel in over 50 statewide class actions based on alleged violations of the California Labor Code, including claims for unpaid wages, misclassification, meal and rest breaks, and wage statements
  • Defense counsel in dozens of statewide representative actions involving claims for civil penalties under the California Labor Code Private Attorneys’ General Act (PAGA)