Aashish Y. Desai is an experienced and polished advocate. He has a reputation as both an ethical and determined attorney and a long history of success. Clients and attorneys seek him out not only for his professionalism, intelligence and strong desire to win, but perhaps more importantly, because of his proactive, solution-oriented style of litigation. He takes his role as an advocate very seriously — whether it’s a multi-million dollar class action or a pro bono matter. He filed an amicus brief and appeared (but did not argue) before the U.S. Supreme Court on the issue of whether the outside salesperson exemption under the Fair Labor Standards Act of 1938 applies to pharmaceutical representatives. Christopher v. SmithKline Beecham Corp., 567 U.S. 142 (2012) (five to four majority pharmaceutical sales reps were not eligible for overtime pay).
In 2011, Mr. Desai, after oral argument, convinced Judge David O. Carter to reverse his tentative ruling and, thereby, established that piece-rate compensation that does not separately pay for non-productive time violates California law. Cardenas v. McLane Food Service, Inc., 796 F.Supp.2d 1246 (C.D. Cal. 2011). This case was one of the first to establish liability in the transportation industry; and its “separate compensation” theory has led to an avalanche of litigation throughout California, even before Bluford (which actually cites to Cardenas for support).
He has tried seven (7) complex civil cases to verdict in his over twenty-three years of practice. Recently, he successfully tried Aguirre et al. v. Genesis Logistics, et al., 8:12-cv-00687 (C.D. Cal. 2017), a PAGA action on behalf of 665 truck drivers, before the Hon. James Selna -- which resulted in a bench victory, $7,000,000.00 global settlement, and a cover story in the Los Angeles Daily Journal (Oct. 1, 2017).
He has written countless legal articles and co-authored two practice manuals: California Wage and Hour Law and Litigation (CEB 2012-2020) (chapter co-author); Fair Labor Standards Act, Third Edition (Bloomberg Kerns 2013-2020) (associate chapter editor).
Experience
Mr. Desai has worked on both sides of the fence, initially with a prominent defense firm and then with a boutique class action group. For two-years he served as an Adjunct Professor at Chapman University School of Law, teaching Legal Research and Writing (2004-2006). He also worked as a judicial extern to the Honorable Frances Maloney at the Fifth District Court of Appeals in Texas in 1995.
As the Managing Partner at Desai Law Firm, he primarily handles class and collective actions involving:
State and Federal Wage and Hour
Employment Law
Antitrust Law
Personal Injury/Mass Tort
Consumer Fraud
Unfair Business Practices
Court Admissions
United States Supreme Court
Ninth Circuit Court of Appeals
Eighth Circuit Court of Appeals
Western District of Arkansas
Central District of California
Southern District of California
Northern District of California
Eastern District of California
District of Colorado
Northern District of Florida
Northern District of Texas
Southern District of Texas
Western District of Texas
Bar Admissions
California
Texas
Education
B.A University of Texas at Austin (Economics) – 1991
J.D University of Houston Law Center – 1996
Additional Achievements
Aashish Desai recently co-authored an update to the book, California Wage and Hour Law and Litigation. Available from Continuing Education of the Bar (CEB) (2012-2020).
Since 2005, his peers have selected him as a “Super Lawyer” by Thompson Reuters. He has a perfect 10/10 rating from the online legal referral service AVVO, which also selected him as one of the top five employment lawyers in Orange County Metro Magazine (2010 & 2012).
Mr. Desai is frequently asked to speak and present at legal seminars on a variety of topics; and has been quoted or interviewed in the Wall Street Journal, Los Angeles Daily Journal, Law 360, and the Orange County Register, among others.
In his spare time, Mr. Desai has served as a head or assistant coach for youth sports for years (mainly coaching his superstar son): AYSO Soccer (8 years); Ladera Ranch Flag Football (4 years); Ladera Baseball League (1 year); National Junior Basketball (2 years). After playing in several working bands in Austin, TX during college, Mr. Desai went to Musician’s Institute in Hollywood for Guitar (1991); he currently plays lead guitar (and sings) professionally for several working cover-bands in Orange County, CA – playing classic rock, 80’s rock, and current popular music.
Memberships
Million Dollar Advocates Forum – Trial Lawyers
Association of Trial Lawyers of America
California Employment Lawyers Association
Consumer Attorneys of California
Orange County Legion Lex Inn of Court – Chapter No. XC111
