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.

Aaron was named to San Diego Super Lawyers for Employment and Labor Law in 2019.

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

  • Ninth Circuit Asks California Supreme Court to Weigh in on Dynamex Retroactivity, Meal and Rest Break Questions, September 2019
  • U.S. Supreme Court Holds State Wage and Hour Laws Do Not Apply to the Outer Continental Shelf, August 2019
  • Ninth Circuit Holds Dynamex “ABC” Independent Contractor Test Applies Retroactively, Brushing off Due Process Concerns, July 2019
  • U.S. Supreme Court Holds Class Arbitration Cannot Be Compelled Unless Expressly Authorized by Agreement, June 2019
  • Split of Authority Deepens on Arbitration of PAGA Claims for Unpaid Wages, May 2019
  • U.S. Department of Labor Announces Proposal to Change FLSA White Collar Exemption Regulations, April 2019
  • California Court of Appeal Holds Call-in Shifts Trigger Reporting Time Pay, March 2019
  • California Supreme Court Confirms Health Care Workers Can Waive Second Meal Periods, February 2019
  • California Court of Appeal Holds Voluntary Commute in Company Vehicle Not Compensable, January 2019
  • California Court of Appeal Decision Limits Dynamex ABC Test to Wage Order Claims, December 2018
  • California Court of Appeals Holds Individuals Can Be Held Personally Liable for PAGA Civil Penalties and Attorneys’ Fees, November 2018
  • Governor Brown Signs Bill Clarifying Salary History Ban and Pay Equity Laws, October 2018
  • California Supreme Court Holds Federal De Minimis Rule Not a Defense to State Wage Claims, September 2018
  • California Court Delivers Win to Employer in Time Rounding Case, August 2018
  • California Court Decisions Expand Employer Liability Under PAGA, Bender’s California Labor & Employment Bulletin, July 2018
  • California Supreme Court Adopts Strict New Worker Classification Test Presuming Workers Are Employees, Not Independent Contractors, Bender’s California Labor & Employment Bulletin, June 2018
  • Court of Appeal:  Temporary Staffing Company Not Liable for Client’s Meal Period Violations, Bender’s California Labor & Employment Bulletin, May 2018
  • California Supreme Court Clarifies Required Method of Calculating Overtime on Non-Discretionary Flat Rate Bonuses, Bender’s California Labor & Employment Bulletin, April 2018
  • New Cases Continue to Shape PAGA Landscape, Bender’s California Labor & Employment Bulletin, March 2018
  • Split of Authority in California Court of Appeal on Whether PAGA Claims for Unpaid Wages Can Be Ordered to Arbitration, Bender’s California Labor & Employment Bulletin, February 2018
  • DLSE:  Employers May Not Require Employees to Remain On Site During Breaks, Bender’s California Labor & Employment Bulletin, January 2018
  • New California Law Makes Contractors Liable for Subcontractors’ Unpaid Wages, Bender’s California Labor & Employment Bulletin, December 2017
  • Nike’s De Minimis Defense Wins Bag Check Case, Bender’s California Labor & Employment Bulletin, November 2017
  • California Court of Appeal Orders Administrative Wage Claim to Arbitration, Bender’s California Labor & Employment Bulletin, October 2017
  • California Supreme Court Allows PAGA Plaintiffs to Seek Employee Contact Information Statewide, Bender’s California Labor & Employment Bulletin,
    September 2017
  • Bloomingdale’s Urges U.S. Supreme Court to Review the Iskanian Rule on Arbitrability of PAGA Claims, Bender’s California Labor & Employment Bulletin,
    August 2017
  • California Supreme Court Clarifies “Day of Rest” Requirements, Bender’s California Labor & Employment Bulletin, July 2017
  • Court Certifies Class Action For Retail Workers Subjected To Off-The-Clock Security Screening , Bender’s California Labor & Employment Bulletin, June 2017
  • California Assembly Bill Seeks to Raise Salary Threshold for White Collar Exempt Employees, 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

  • California Employment Law Update, National Employment Law Institute, July 2019
  • New Developments, PPSC Annual Employment Law Update, November 2018
  • California Employment Law Update, National Employment Law Institute, July 2018
  • New Developments, PPSC Annual Employment Law Update, October 2017
  • 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)