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Aaron Cargain bio photo

Aaron Cargain

Partner


San Francisco

t:415.490.9046

f:415.490.9001

Email

Service Focus

  • Class and Collective Actions
  • Counseling and Advice
  • Employment Discrimination and Harassment
  • Litigation and Trials
  • California Class Actions and PAGA
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Overview
Credentials
Insights

Overview

Aaron Cargain is a partner in Fisher Phillips’ San Francisco office. He defends employers against matters alleging wrongful termination, discrimination-based claims, retaliation, and wage-and-hour violations. He handles all aspects of litigation involving single-plaintiff, class, and Labor Code Private Attorney’s General Act representative actions. He represents employers in federal and state courts and before administrative agencies including the California Department of Fair Employment and Housing and the Division of Labor Standards Enforcement.

Aaron advises employers on issues of local, state, and federal law. He assists employers by preparing handbooks and employment agreements. He also has experience counseling employers on best practices to avoid litigation.

Aaron has authored articles on employment, privacy, and bias claims that have been featured in well-known legal publications. He has presented on authority governing whether workers should be classified as employees or independent contractors.  He has also presented on return to work protocols and issues arising out of incentivizing vaccination in response to the COVID-19 pandemic.  

Aaron’s pro bono activities include assisting with forming a nonprofit organization focused on helping vulnerable children and young adults in the foster care system. He volunteered on his school district’s bond oversight committee to ensure funds were properly used for identified construction projects. Aaron regularly devotes his time to organizations and schools in his community.

Credentials

Education

  • J.D., 2008, Rutgers Law School
  • B.A., 2003, University of California, San Diego

Bar Admissions

  • California

Court Admissions

  • U.S. Court of Appeals for the Ninth Circuit
  • U.S. District Court for the Northern District of California

Insights

  • News

    05/02/25

    SHRM Publishes Contributed Article on Bradsbery v. Vicar Operating Inc.

    Aaron Cargain , Lauren Roseman, Spencer W. Waldron

    Read more 

  • Publication

    04/24/25

    Republished Insight: California Court Holds that Prospectively Signed Meal Period Waivers are Enforceable: 4 Steps You Can Take to Maximize Your Defenses

    Aaron Cargain , Lauren Roseman, Spencer W. Waldron

    Read more 

  • Insights

    04/23/25

    California Court Holds that Prospectively Signed Meal Period Waivers are Enforceable: 4 Steps You Can Take to Maximize Your Defenses

    Aaron Cargain , Lauren Roseman, Spencer W. Waldron

    Read more 

  • News

    12/18/24

    Fisher Phillips Remains Steady With 25 Attorney Partnership Class

    Wendy Baker, Lauren Bushman, Aaron Cargain , Tami Essis Culkar, Alex G. Desrosiers, J. Micah Dickie, Scott Fanning, Lauren Frisch, Stephen R. Gee, Kari E. Gibson, Gabrielle Giombetti, JonVieve D. Hill, Janet M. Himmel, Nicholas S. Hulse, R. Shane Kagan, Jennifer S. Kiesewetter, Vance O. Knapp, Eliza L. Lloyd, Mary Grace Miller, Ariella T. Onyeama, Erin Price, Jenna B. Rubin, Kelsey E. Schiappacasse, Erica G. Wilson, Danielle Krauthamer Zobel, John M. Polson

    Read more 

  • News

    12/17/24

    Fisher Phillips Elects 25 Attorneys to 2025 Partnership Class

    Wendy Baker, Lauren Bushman, Aaron Cargain , Tami Essis Culkar, Alex G. Desrosiers, J. Micah Dickie, Scott Fanning, Lauren Frisch, Stephen R. Gee, Kari E. Gibson, Gabrielle Giombetti, JonVieve D. Hill, Janet M. Himmel, Nicholas S. Hulse, R. Shane Kagan, Jennifer S. Kiesewetter, Vance O. Knapp, Eliza L. Lloyd, Mary Grace Miller, Ariella T. Onyeama, Erin Price, Jenna B. Rubin, Kelsey E. Schiappacasse, Erica G. Wilson, Danielle Krauthamer Zobel, John M. Polson

    Read more 

  • News

    11/14/24

    California Court Says An Employer’s Success at Arbitration Can Bar Later PAGA Representative Claims: 3 Steps Employers Should Take

    Aaron Cargain , Melissa Huether

    Read more 

  • News

    09/04/24

    Republished Insight: Key Points California Employers Need to Know About New Federal Pregnancy Accommodation Requirements

    Aaron Cargain , Kelsey L. Wong Javier, Nicole Kamm, Jacklin Rad

    Read more 

  • Insights

    07/23/24

    California Court Rules That Egg Retrieval and Freezing Procedures Do Not Qualify for Pregnancy Protection – But Employers Should Tread Carefully

    Nicole Kamm, Jacklin Rad, Aaron Cargain

    Read more 

  • Insights

    07/01/24

    Key Points California Employers Need to Know About New Federal Pregnancy Accommodation Requirements

    Aaron Cargain , Kelsey L. Wong Javier, Nicole Kamm, Jacklin Rad

    Read more 

  • Insights

    05/07/24

    Good Faith Goes a Long Way to Defeat Wage Statement Claims: 4 Tips for Employers After California Supreme Court Win

    Colin P. Calvert, Aaron Cargain , Spencer W. Waldron

    Read more 

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