People: Aaron R. Lubeley, Partner

Photo of Aaron R. Lubeley, Partner

Aaron R. Lubeley

Partner

Los Angeles - Downtown
Direct: (213) 270-9636
Fax: (310) 201-5219
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Mr. Lubeley is Co-Managing Partner of Seyfarth Shaw LLP’s Los Angeles (Downtown) office and a partner in the Labor and Employment Department.  His practice focuses on defending employers in complex collective and class action litigations.  Mr. Lubeley is a member of the firm’s Wage & Hour Litigation Practice Group, and the hiring partner for the Downtown Los Angeles office.

Mr. Lubeley has litigated numerous class and collective actions for alleged wage and hour violations under both state and federal law for clients in the financial printing, retail, hospitality, restaurant, oil & gas, telecommunications, government services and airline industries.  These cases include claims alleging misclassification of employees as exempt or as independent contractors; “off-the-clock” and regular rate violations; denied reimbursements; improper wage deduction, miscalculation of commissions and bonuses; failure to pay prevailing wages; and meal/rest break violations.  Mr. Lubeley also advises clients on conducting pre-litigation wage and hour audits.  

Mr. Lubeley is Co-Managing Partner of Seyfarth Shaw LLP’s Los Angeles (Downtown) office and a partner in the Labor and Employment Department.  His practice focuses on defending employers in complex collective and class action litigations.  Mr. Lubeley is a member of the firm’s Wage & Hour Litigation Practice Group, and the hiring partner for the Downtown Los Angeles office.

Mr. Lubeley has litigated numerous class and collective actions for alleged wage and hour violations under both state and federal law for clients in the financial printing, retail, hospitality, restaurant, oil & gas, telecommunications, government services and airline industries.  These cases include claims alleging misclassification of employees as exempt or as independent contractors; “off-the-clock” and regular rate violations; denied reimbursements; improper wage deduction, miscalculation of commissions and bonuses; failure to pay prevailing wages; and meal/rest break violations.  Mr. Lubeley also advises clients on conducting pre-litigation wage and hour audits.  

Education

  • J.D., Loyola Law School at Los Angeles (1998)
  • B.A., California State University (1994)

Admissions

  • California

Courts

  • U.S. District Court for the Central, Eastern, Northern, Southern and Districts of California
  • U.S. District Court of Colorado
  • U.S. District Court of Nevada

Affiliations

  • American Bar Association
  • Los Angeles Bar Association

Representative Engagements

Recent Representative Wage/Hour Class Actions

  • Aaron’s adv. Ramirez/Villanueva (Imperial County Superior Court) (led defense of claim for alleged failure to properly calculate wages, meal and rest period violations and failure to pay overtime (class claims were dismissed following discovery). 
  • Airport Terminal Services adv. McDonald (USDC E.D. Cal. Riverside) (alleged violation of meal and rest period laws brought by airline support employees -- favorable settlement obtained following arguments related to exemption under the Airline Deregulation Act)
  • Avaya Inc. adv. Shaw (USDC C.D. Cal., Santa Ana) (alleged failure to pay commissions to putative class of California telecommunications equipment and services sales force – case settled on favorable terms following partial grant of motion for summary adjudication).
  • Citrix adv. Chiu (USDC C.D. Cal., Santa Ana) (led defense in class action for alleged misclassification of computer engineers as exempt -- favorable settlement obtained following discovery)
  • CostcoWholesale Corp. adv. Castaneda (Los Angeles County Superior Court) (class action for alleged minimum wage and overtime violations related to security checks – defeated motion for class certification).
  • Costco Wholesale Corp.adv. Head  (Los Angeles County Superior Court) (led defense in class action for alleged Labor Code violations and misclassification of non-exempt employees as exempt—summary judgment granted on all claims).(Los Angeles County Superior Court)
  • Costco Wholesale Corp. adv. Marin(Alameda County Superior Court) (obtained defense verdict on appeal in a certified class action for purported improper calculation of bonus overtime).
  • Costco Wholesale Corp. adv. Randall (Los Angeles County Superior Court) (class action for alleged Labor Code violations and misclassification of non-exempt employees as exempt – class certification denied in part and favorable settlement obtained).
  • Costco Wholesale Corp. adv. Medrano  (Los Angeles County Superior Court) (class action for alleged Labor Code violations and misclassification of non-exempt employees as exempt –class claims were stricken from the complaint and favorable settlement obtained).
  • Costco Wholesale Corp. adv. Williams (San Diego County Superior Court) (class action for misclassification of managers of departments in a “big box” retailer as exempt from overtime).
  • Dollar Tree Stores adv. Edmisten (Orange County Superior Court) (led defense of class claim for purported denial of meal period and rest breaks for exempt and  non-exempt store employees).
  • Dollar Tree Stores adv. Maples (Orange County Superior Court) (led defense of class claim regarding exempt status of managers and assistant managers of discount retailer).
  • Dollar Tree Stores, Inc. adv. Williams (Orange County Superior Court) (led defense of class claim regarding exempt status of managers and assistant managers of discount retailer).
  • Hyatt adv. Alvarez (USDC C.D. Cal., Los Angeles) (led defense of class action for alleged violations of overtime, minimum wage, meal and rest period laws -- case was dismissed following a successful discovery motion).
  • Hyatt adv. Le (Orange County Superior Court) (led defense of class claims by laundry employees regarding alleged improper deductions from paychecks for meal and various other alleged violations of California meal and rest period laws).
  • Hyatt adv. Trujillo (Orange County Superior Court) (led defense of class claims regarding alleged overtime, minimum wage, meal and rest period violations by housekeeping employees).
  • La Golondrina, Inc. adv. Garcia  (Los Angeles Superior Court) (led defense of class action for alleged violations of Los Angeles Living Wage Ordinance - summary judgment granted on all claims, ruling was upheld on appeal)
  • Key Energy Services adv. Gonzalez, No. CIV 236497 (Ventura County Superior Court) (led defense of class claim for unpaid time for “donning and doffing” and meal period violations – case settled following legal determination on applicable law).
  • Kenneth Cole Productions adv. Harper, No. GIC 845269 (San Diego County Superior Court) (led defense of class claim for misclassification as exempt and failure to pay overtime to assistant store managers – favorable settlement obtained).
  • Kenneth Cole Prods. adv. Rodriguez, No. BC 321760 (Los Angeles County Superior Court) (led defense of class claim for misclassification of store managers and assistant store managers, seeking overtime pay and penalties for failure to provide meal breaks – favorable settlement obtained).
  • One Price Clothing Stores, Inc. adv. Sullivan, No. BC 265088 (Los Angeles County Superior Court) (led defense of class claim for unpaid overtime and meal and rest period violations by exempt retail managers).
  • Rite Aid adv. Albrecht (San Diego County Superior Court) (class action claims regarding exempt status of managers, assistant managers and managers-in-training).
  • R.R. Donnelley & Sons adv. Contreras (Riverside County Superior Court) (led class action defense in wage and hour class action alleging that all non-exempt employees were forced to work off the clock and were denied overtime, minimum wages, meal and rest periods - favorable settlement obtained following discovery).
  • Ruth’s Chris Steakhouse adv. Harrington (Los Angeles County Superior Court) (class claims for failure to provide restaurant employees meal and rest periods and failure to reimburse for tools and equipment – favorable settlement obtained).
  • Ruth’s Chris Steakhouse adv. Miller (Orange County Superior Court) (represented client in defense of class claim for failure to provide restaurant employees meal and rest periods and failure to pay accrued vacation pay upon termination of employment – favorable settlement obtained).
  • Serco adv. Contreras (Los Angeles County Superior Court) (class action claims for failure to pay overtime, failure to provide meal and rest periods, and failure to provide adequate wage statements on behalf of a class of meter collectors).¶
  • Serco adv. Maxwell (Los Angeles County Superior Court) (class action claims for failure to pay overtime, failure to pay minimum wage, failure to provide meal and rest periods and failure to provide adequate wage statements on behalf of a class of parking enforcement employees)
  • Yoshinoya W. adv. Ponce(Los Angeles County Superior Court) (represented client in defense of class claims alleging misclassification of managers of fast food restaurant – favorable settlement obtained)

Representative Discrimination Class And Mass Actions

  • Rite Aid adv. Cortright  (Northern District Court of California) (argued a successful opposition to a motion for class certification in a nine state age and disability discrimination class action).  

Presentations

  • Panelist, Taking and Defending the Decision-Maker's Deposition in a Harassment Case, California State Bar, Labor and Employment Section Annual Meeting (2012)
  • Co-presenter, Social Media Do’s & Don’ts: A Practical Guide to the Ethical and Legal Boundaries of Social Networking, NASABA Convention (2011)
  • Co-presenter, Costliest Classification & Deduction Mistakes and How to Avoid Them, Employers Group Annual Workplace & Employment Law Update (2011)
  • Co-presenter, High Profile and Complex Litigation from the Outside in: Tips from Diverse Litigators turned In-House Counsel, NAPABA 23rd Annual Convention (2011)
  • Presenter, California Exemption Law, Association of Benefit Plan Administrators (2009)
  • Co-presenter, Nuts & Bolts of Employment Law, Los Angeles County Bar Association (2008)
  • Co-presenter, Wage and Hour Developments, Seyfarth Shaw Breakfast Briefing (2006)
  • Presenter, Managing Class Actions - What In-House Counsel Needs to Know, Southern California Association of Corporate Counsel - America (2006)
  • Co-presenter, Developments in California Wage and Hour Laws, Seyfarth Shaw West Coast Symposium (2005)
  • Co-presenter, Employment Law Compliance Issues, Southern California Association of Corporate Counsel- America (2004)
  • Co-presenter, Wage & Hour Issues in California, Seyfarth Shaw West Coast Symposium (2002) 

Publications

  • Co-Author, "It’s Not All Egg Nog and Candy Canes: Filling Employers’ Stockings with Seven Things They Need To know About Holiday Pay", Seyfarth Shaw's Wage & Hour Litigation Blog (December 18, 2013)
  • Co-Author, "She Posted What? Employers Face Increased Legal Scrutiny For Using Social Media in hiring Decisions”, Seyfarth Shaw’s Wage & Hour Litigation Blog (April 17, 2013)
  • Chapter Author, “Chapter 8 - Discovery Issues in Collective and Class Actions,” Wage & Hour Collective and Class Litigation, ALM Law Journal Press (2012). Definitive treatise on wage and hour litigation.
  • The Ninth Circuit Changes Its Mind, Holding That Commute Time May Be Compensable Under California Law, Employee Relations Law (September 16, 2010)

Accolades

  • Rising Star, Southern California Super Lawyer for  2008, 2009 and 2010