Yesenia M. Gallegos
Los Angeles, CA
Yesenia focuses her practice in labor and employment matters, including advising clients in areas such as:
- Protecting trade secrets
- Unenforceability of noncompete agreements in 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:
- Represented CLS Transportation in the pivotal case of Iskanian v. CLS Transportation Los Angeles, wherein the California Court of Appeal 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. The California Supreme Court agreed that the class action waivers in arbitration agreements are enforceable in the State of California.
- 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
- Obtained judgment in favor of a national corporation’s officer sued by former employees claiming officer was liable for the corporation’s alleged wage and hour and FEHA violations under the “alter-ego” theory
- Obtained judgment in favor of individual employees of a national corporation accused of racial harassment
- Obtained multimillion dollar judgment in favor of a California-based private company against former employee-bookkeeper in embezzlement action
In 2013 Yesenia was selected by the Hispanic National Bar Association as "Top Lawyer Under 40." The award honors her professional excellence, integrity, leadership and commitment to the legal and Latino community.
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 currently serves as the Hispanic National Bar Association’s (HBNA) Regional President for Southern California 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, 2012.
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 2000-2002.
Client Resourcese-BookDoing Business in California: A Guide for the Out-of-State Employer
Honors and Awards
- 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 (2013, 2014)
- 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 (2010-2012)
- CALI Award for Excellence in Employment Litigation (Fall 2002)