A seasoned litigator, Yesenia represents employers in wage and hour class actions, Fair Credit Reporting Act (FCRA) class actions, and Private Attorneys General Act (PAGA) representative actions. Her track record includes defeating nationwide and state class actions, securing dismissals, and winning favorable judgments and verdicts in cases involving discrimination, harassment, and retaliation claims.

C-suite executives and other corporate leaders rely on Yesenia as their strategic advisor on mitigating risk in mergers and acquisitions, compensation structures, employment agreements, restrictive covenants, leaves of absence policies, and reductions in force. She also conducts and oversees workplace harassment and discrimination investigations and wage and hour audits.

Bilingual in English and Spanish, Yesenia assists multinational employers with establishing and registering workplace policies with local labor agencies throughout Latin America. She conducts bilingual training on harassment prevention, wage and hour compliance, disability accommodations, and employment law for managers.

Yesenia regularly publishes articles and presents on labor and employment topics, including wage and hour class action defense, PAGA representative actions, restrictive covenants, and diversity, equity, and inclusion legal issues from an employment perspective.

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• Obtained a court order dismissing a wage and hour class action after more than five years of litigation on the grounds that continued litigation would violate California’s five-year rule*
• Obtained a court order dismissing an employee’s claims for fraud and negligent misrepresentations with the use of a special motion to strike/anti- Strategic Lawsuit Against Public Participation (SLAPP) motion after the employee was unsuccessful in obtaining a judgment for wrongful termination against the employer and sought to prosecute new claims*
• Obtained a court order dismissing a program director of a nonprofit academic organization when both she and the school were sued by a former employee alleging retaliation, intentional infliction of emotional distress, among other claims*
• Obtained declaratory judgment in favor of a California technology company and successfully opposed its competitor company’s efforts to enforce a noncompetition provision that would have precluded the California company from employing an executive who had previously been employed by the competitor (a non-California based company)*
• Obtained a judgment in favor of a global commercial battery manufacturer and service provider in a disability discrimination and failure to accommodate case filed by a former employee pursuant to the California Fair Employment and Housing Act by establishing that the employee was terminated in compliance with the employer’s non-discriminatory leave of absence policies, and by demonstrating that the plaintiff could not meet his burden of establishing that the employer’s decision was motivated by discriminatory animus*
• One of two partners who represented CLS Transportation in the pivotal wage and hour class action Iskanian v. CLS Transportation Los Angeles, wherein the California Supreme Court held that Concepcion v. AT&T overruled the 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 percent reduction in penalties*
• Obtained judgment in favor of a national retail corporation sued by a former employee claiming disability discrimination, failure to engage in interactive process and failure to accommodate*

*Matter handled prior to joining McDermott.

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• Los Angeles Business Journal, Leaders in Law, 2018
• Super Lawyers Magazine, Southern California Rising Star, Women’s Edition, 2017
• Super Lawyers Magazine, Southern California Rising Star, 2013-2014, 2016-2017
• Hispanic Lifestyle Magazine, Latinas of Influence, 2016
• Los Angeles Business Journal, Most Influential Minority Lawyers, 2016
• Latino Leaders Magazine, 25 Most Influential Hispanic Lawyers in the United States, 2015-2016
• Hispanic National Bar Association, Regional President of the Year Award, 2014
• Los Angeles Business Journal, Women Making a Difference Award Nominee, 2013-2015
• Hispanic National Bar Association, Top Lawyer Under 40, 2013

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Courts / Agencies
US Court of Appeals for the Ninth Circuit
US District Court for the Central District of California
US District Court for the Northern District of California
US District Court for the Southern District of California

Languages
English
Spanish

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