Yesenia M. Gallegos Partner

Transcription

1 Yesenia M. Gallegos Partner Los Angeles, CA - Century City Tel: Fax: ygallegos@foxrothschild.com Yesenia focuses her practice in labor and employment matters, including advising clients in areas such as: Restrictive Covenants protection of trade secret information and prosecuting and defending against claims involving trade secret misappropriation Defending against attempts to enforce a noncompete agreement in the state of California Wage and hour law Discrimination and harassment claims Executive employment agreements Leaves of absence Employee terminations Reductions in force (WARN Act, Cal WARN Act) She represents employers in employment litigation (including class actions) pending in state and federal court. She also represents employers in actions against former employees in trade-secret and embezzlement actions that require immediate restraining orders, injunctions and/or liens. In addition, Yesenia conducts and oversees workplace investigations of harassment and discrimination, conducts wage & hour audits and provides organizations with training (in English or Spanish) in the following areas: Sexual harassment prevention Employment law for managers and supervisors Compliance with California wage and hour law The interplay between disability law, reasonable accommodations and leaves of absence Yesenia s recent representative matters include: Obtained declaratory judgment in favor of a California technology company and successfully opposed their competitor foreign company s efforts to enforce a non-competition provision that would have precluded the California company from employing the foreign company s former executive. Represented CLS Transportation in the pivotal wage and hour class action entitled Iskanian v. CLS Transportation Los Angeles, wherein the California Supreme Court held that Concepcion v. AT&T overruled the

2 state's Supreme Court decision in Gentry v. Superior Court, affirming the decision that class action waivers in employment arbitration agreement are enforceable Successfully appealed the California Employment Development Department s tax and penalty assessment levied against a California employer resulting in an 85% reduction in penalties Obtained judgment in favor of national retail corporation sued by former employee claiming disability discrimination, failure to engage in interactive process and failure to accommodate Yesenia also serves as co-chair of the firm s Diversity Committee. Before Fox Rothschild Prior to joining the firm, Yesenia served as an associate in the Labor & Employment Departments of Gordon & Rees LLP and Silver & Freedman, APLC. Beyond Fox Rothschild Yesenia served as the Hispanic National Bar Association's (HBNA) Regional President for Southern California from September 2013 to September 2014, and recently chaired the HNBA's Annual Charity Tennis and Golf Classic (April 2014). Yesenia also served as the National Chair of the Women s Leadership Conference, which was held in conjunction with the Hispanic National Bar Association s Mid-Year Corporate Counsel Conference in New Jersey from March 28 to March 31, While in law school, Yesenia was part of the international study program in Bali, Indonesia, where she took international and environmental law courses and interned at the Nature Conservatory. An active author and speaker, Yesenia served as associate literary editor and technical editor for the Maritime Law Journal from Client Resources e-book Doing Business in California: A Guide for Employers Honors & Awards Listed among Latinas of Influence by Hispanic Lifestyle Magazine (2016) Listed among the 25 most influential Hispanic lawyers in the U.S. by Latino Leaders Magazine (2016) Winner of the Hispanic National Bar Association Regional President of the Year Award (2014) Listed among Southern California Rising Stars by Super Lawyers Magazine (2013, 2014) Los Angeles Business Journal s Women Making a Difference Award Nominee ( ) Selected as a "Top Lawyer Under 40" by the Hispanic National Bar Association (2013) One of 50 lawyers selected to participate in the Association of Corporate Counsel and HNBA s Value-Added Legal Services Training Program ( ) CALI Award for Excellence in Employment Litigation (Fall 2002) Practice Areas Labor & Employment Employee Privacy and Background Checks Employment and Wage and Hour Class Actions Employment Counseling, Policy Developments and Audits Employment Litigation

3 Employment Training Wage and Hour Law Unfair Competition and Trade Secrets Bar Admissions California Court Admissions U.S. District Court, Central District of California U.S. District Court, Northern District of California U.S. District Court, Southern District of California U.S. Court of Appeals, Ninth Circuit Education University of San Francisco School of Law (J.D., 2003) University of California, Los Angeles (B.A., 2000) Memberships Hispanic National Bar Association (Regional President for Southern California) Languages Spanish Publications Uncooperative Employees are not Protected from Discipline DFEH: New Procedures for Investigation and Litigation New State Disability Regulations Ninth Circuit Employment Law Happenings President Obama s Appointments to the NLRB May Be Invalid Damages May Be Limited in Mixed Motive Cases

4 California Broadens the Protections for Pregnancy Newsletter Winter 2012 Newsletter Winter 2012 New California Laws for 2013 Winter 2012 California Supreme Court To Hear Employment Arbitration Cases Winter 2012 Supreme Court To Decide Whether Unions Have Right of Access to Retailer s Private Property Winter 2012 Written Commission Agreements Required in California Winter 2012 California Court Allows Rounding of Time Entries Newsletter Tis the Season for Unpaid Internships (Or Not!) Legislative Watch The Long Arm of California Law: Lidow v. Superior Court Rules for Meal and Rest Breaks Clarified by California Supreme Court

5 Employee's Class Action Waiver Held Enforceable The NLRB's Most Recent Rules on Social Media Policies Attorneys Fees in Missed Meal and Rest Break Cases? CAL/OSHA Launches Confined Space Special Emphasis Initiative New California Employment Laws for 2012 Spotlight on San Francisco Employment Laws IRS to Help Employers When Reclassifying Employees Half Hour to Eat and a Suitable Seat Employment Issues Keep on Truckin' California Courts Remain Hostile to Arbitration Agreements Post-AT&T Mobility v. Concepcion New ADA Access Regulations Will Affect Work Areas Newsletter Winter 2011 Wage Rates Increased for Computer Professional and Physician and Surgeon Exemptions

6 Winter 2011 New Procedural Regulations from DFEH Winter 2011 Provide or Ensure? An Update on Brinker Winter 2011 New Laws Provide Additional Protections to Employees Winter 2011 NLRA Rights Apply to Employees at Non-Unionized Workplaces Too Winter 2011 Attorney Fee Disputes Between Employers and Employees Clarified Winter 2011 California UPDATE Employment Law Newsletter California UPDATE Employment Law Newsletter U.S. Supreme Court Overturns California Law on Arbitration Agreements Calculation of Reporting Time Pay Clarified Late Breaking News: U.S. Supreme Court Decides Dukes v. Wal-Mart Frequently Asked Questions Regarding the Suitable Seating Requirement of the California IWC Wage Orders A Safe Workplace Trumps a Reasonable Accommodation Trending Now: Calculation of the Regular Rate

7 Fed OSHA May Follow Cal/OSHA s Lead on Injury and Illness Prevention Programs New Trend: Lawsuits for Wage Order Violations Concerning Work Conditions Another California Appellate Court Concludes That Employers Need Not Ensure Employees Take Meal Breaks Generous Employers Beware: Coordination of Disability Payments Just Got More Complicated Meal and Rest Break Litigation Gets More Expensive Litigation Alert: Federal Rules on Experts Change New Employment Laws for 2011 Spotlight on the New Medical Donor Leave Law 2011 Litigation Watch: Cases Pending in the California Supreme Court Reminder for Computer Software Employers Spotlight on San Francisco California UPDATE Employment Law Newsletter Victory for Employers in Wage Case!

8 LATE BREAKING NEWS California Supreme Court Creates New Obstacles to Summary Judgment for Employers ADA Accessibility Denied: Ensuring the Chipotle Experience for Everyone Revised Workers' Compensation Notice Must Be Posted Not On My Property! Ongoing Battles Regarding the Reach of California s Prohibition of Covenants Not to Compete California UPDATE Employment Law Newsletter Ninth Circuit Avoids Employer's Choice-of-Law Provision With Creative Reasoning The Need for "Mini-Trials" on Individual Factual Issues Prompts Denial of Class Certification Supreme Court Lets Stand San Francisco's Health Care Ordinance California UPDATE Employment Law Newsletter A Good Faith Defense to Punitive Damage Claims How Hiring Older Workers Can Be Age Discrimination

9 Sometimes When You Win, You Really Lose Rent-a-Center v. Jackson Martinez v. Combs: A New Definition of an Employer! Supreme Court Tackles Employees' Privacy Rights Making Sure Your Unpaid Interns Are Not Considered Employees Excessive Attorney's Fee Awards in FEHA Cases May Be Rejected Where Plaintiff's Damages Are Less Than $25,000 Defining Compensable Work Time: Rutti v. Lojack Recent Decision Makes It More Difficult To Claim Sexual Harassment California Supreme Court Rules on Free Speech in a "Public Forum" Alternatives To Layoffs: How the EDD May Help Your Business Reduce Costs and Retain Your Workforce Class Action Plaintiffs Can't Mix Federal and State Claims Even a Single Failure To Provide an Agreed-Upon Accommodation Can Be Costly Reminder: Statutory Wage and Hour Rights Cannot Be Waived

10 Obama Makes Recess Appointments to the NLRB and EEOC Recent Items From Our Blog California UPDATE Employment Law Newsletter January 2010 Labor Union News California UPDATE Employment Law January 2010 Wage and Hour California UPDATE Employment Law January 2010 Roby v. McKesson: Good News and Bad News for Employers California UPDATE Employment Law January 2010 Class Action Decertification Affirmed! California UPDATE Employment Law January 2010 Employers Are Liable for Business Expenses When They Have Actual or Constructive Knowledge of the Expenditures California UPDATE Employment Law January Watch List: Employment Cases in the California Supreme Court California UPDATE Employment Law First Quarter 2010 California UPDATE Employment Law Newsletter Fall 2007 Current Immigration Issues: What Employer's Need To Know S&F Brief Case Spring 2006 From Deployment to Reemployment: An Employer's Guide to Military Leave of Absences S&F Brief Case Title VII's Weakness in Protecting Women Employed in the Maritime Industry U.S.F. Mar. L.J.

11 Events Sexual Harassment in Academia, Business/Industry and Health Care Professions May 25, 2016 University of California, Irvine Hosted by: National Academies of Sciences, Engineering and Medicine Hispanic Lifestyle s Latina Conference 2016 April 8, 2016 Ontario Airport Hotel and Conference Center Hosted by: Hispanic Lifestyle California Wage and Hour Law: Compliance Issues for Private Schools March 1, 2016 at 9:00am Webinar Hosted by: Fox Rothschild LLP Equal Pay for Equal Work January 21, 2016 at 8:30am 10:00am Fox Rothschild - Century City Office Hosted by: Fox Rothschild LLP Independent Contractors Corporations and the Non-Traditional Workforce October 6, 2015 at 2:00pm 3:15pm Manchester Grand Hyatt Hosted by: Minority Corporate Counsel Association s 2015 CLE Expo It s So Hard To Say Goodbye Enforcing Restrictive Covenants Against Former Employees September 4, 2015 at 10:15am 11:30am Weston Boston Waterfront Hosted by: Hispanic National Bar Association 40th Annual Convention Mentor, Sponsor, Coach: Buzzwords or Necessary for Moving Up? May 8, 2015 at 8:30am 5:00pm DoubleTree by Hilton SF Airport Hosted by: California Women Lawyers 2015 Annual Conference Diversity in the Legal Profession and Partnering with City National Bank October 23, 2014 Hosted by: City National Bank Legal Summit Survey of Western United States on Restrictive Covenants and Trade Secrets October 22, 2014 Hosted by: Chubb Group of Insurance Companies Updates in Employment Law: Gender Identity, Criminal Convictions and Protection Trends September 11, 2014 Hosted by: HNBA Annual Convention

12 Mentor, Sponsor, Coach: Buzzwords or Necessary for Moving Up? July 24, 2014 The Washington Hilton Hosted by: Minority Corporate Counsel Association Creating Pathways to Diversity Conference Diversity in the Employment Bar May 20, 2014 Hosted by: California Employment Lawyers Association s Third Annual Diversity Leadership Summit Mentoring in the Legal Profession March 20, 2014 Hosted by: 2014 HNBA Mid-Year Corporate Counsel Conference Beyond the Pitch: The Art & Science of Becoming the Trusted Advisor March 14, 2013 at 11:00am Grand Hyatt Hosted by: Hispanic National Bar Association What Every California Employer Should Know: Common Workplace Pitfalls and Current Trends in Employment Litigation April 19, 2012 Hosted by: Fox Rothschild LLP Women's Leadership Conference March 28, 2012 The Westin Jersey City Newport Hosted by: HBNA and HBNA-NJ Doing Business in California: What Employers Need to Know November 1, 2011 Hosted by: OmniBus 3 Industry Day Conference An Evening Celebrating the Downtown Women s Center March 11, 2010 Upstairs 2 (above the Wine House) Hosted by: Fox Rothschild LLP Interplay Between State and Federal Leaves of Absences February 1, 2009 Hosted by: Mexican American Bar Association and California Employment Lawyers Association Joint Roundtable What Non-Profits Should Know About Wage & Hour Law December 8, 2008 Hosted by: CALCASA The Impact of Human Resources on a Company's Profitability June 1, 2008 Hosted by: Hospitality Financial and Technology Professionals Controller's Conference

13 Non-Profits Are Employers Too: An Overview of Employment Law May 1, 2008 Hosted by: CALCASA Leadership Conference Sexual Harassment Training for Attorneys March 1, 2007 Hosted by: Beverly Hills Bar Association News February 29, 2016 Hispanic Lifestyle Names Yesenia Gallegos Among 2016 Latinas of Influence February 16, 2016 Latino Leaders Magazine Names Yesenia Gallegos Among the 25 Most Influential Hispanic Lawyers in the U.S. November 16, 2015 California Out of Competition? Los Angeles Business Journal September 25, 2015 DirecTV Gets Ill. Wage-and-Hour Suit Tossed Law360 May 5, 2015 Four Fox Partners Nominated for 2015 Women Making a Difference Award by LA Business Journal April 13, Women Making a Difference: Symposium & Awards Los Angeles Business Journal November 4, 2014 Minority Powerbrokers Q&A: Fox Rothschild's Yesenia Gallegos Law360 August 14, 2014 Fox s Yesenia Gallegos Receives Regional President of the Year Award from the Hispanic National Bar Association July 22, 2014 People in the News The Legal Intelligencer July 21, 2014 The Biggest California Cases Of 2014: Midyear Report Law360

14 July 9, 2014 People on the Move L.A. Biz Journal July 7, 2014 Yesenia Gallegos and Prince Thomas Named New Co-Chairs of Fox Rothschild s Diversity Committee April 28, 2014 Fox Trial Team Successful in $1.5M Trade Secret Misappropriation Case April 15, 2014 Two Fox Partners Recognized as Women Making a Difference by the LA Business Journal Los Angeles Business Journal April 11, 2014 Fox s Yesenia Gallegos to Chair the Hispanic National Bar Association s Annual Charity Tennis and Golf Classic April 2, 2014 Calif. High Court To Mull Fate of Employment Class Actions Law360 January 1, 2014 California Cases To Watch in 2014 Law360 September 3, 2013 Fox Rothschild Sponsoring and Actively Participating in 2013 Hispanic National Bar Association Conference March 11, 2013 Yesenia Gallegos of Fox Rothschild Named Top Lawyer Under 40 by Hispanic National Bar Association February 25, 2013 Fox Rothschild To Sponsor HNBA Corporate Counsel Conference August 17, 2012 Case May Give Calif. High Court Clear Shot At Employer Arbitration Law 360 June 8, 2012 As Concepcion Interpretations Roll On, a Win for California Employers Thomson Reuters News & Insight June 5, 2012 Calif. Ruling Shakes Up Employment Class Waiver Landscape Law360 May 7, 2012 Fox Rothschild Elevates Two to Partner Los Angeles Daily Journal

15 May 2, 2012 Fox Rothschild Elevates 13 to Partner March 14, 2012 People in the News The Legal Intelligencer March 5, 2012 Yesenia Gallegos Chairs National Women s Leadership Conference September 15, 2010 Fox Rothschild s Yesenia Gallegos One of 50 Latina Lawyers Nominated to ACC and HNBA National Value- Based Training Skills Program