Yesenia M. Gallegos

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Yesenia M. Gallegos focuses her labor and employment practice on a wide range of matters, including restrictive covenants, wage and hour law, discrimination and harassment claims, executive employment agreements, leaves of absence, employee terminations and reductions in force. Yesenia represents employers in employment litigation—including class actions—pending in both 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. Read Yesenia Gallegos' full bio.

California Supreme Court Clarifies Whether Missed-Break Premiums Are ‘Wages’ That Trigger Derivative Penalties


By , and on Jun 29, 2022
Posted In Employment, Labor

On May 23, 2022, the California Supreme Court issued its decision in Naranjo v. Spectrum Sec. Servs. Inc. (Naranjo), holding that meal and rest break premiums (also known as extra pay or premium pay) constitute “wages” that: (1) must be accurately reported on employee wage statements pursuant to Labor Code section 226 and (2) must be...

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New Nationwide Ban Against Enforcement of Mandatory Arbitration Agreements in Sexual Misconduct Cases


By on Feb 17, 2022
Posted In Employee Benefits, Employment

On February 10, 2022, the US Senate passed the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (the Act), a bipartisan bill that invalidates and renders unenforceable predispute arbitration agreements in any case alleging sexual assault or sexual harassment. The US House of Representatives passed a version of the bill on...

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What’s Expected in Employment Law in 2021?


By , , and on Feb 3, 2021
Posted In Employee Benefits, Employment, Health and Welfare Plans, Labor, Privacy and Data Security

Last year ended as an unprecedented and historic year, with far-reaching effects across diversity, equity and inclusion, employment practices and workplace standards. In a recent article for International Law Office, partners from McDermott’s Employment group highlight what changes are expected in 2021 and how these may affect employers and employees. Access the article.

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Background Checks: The Advent of the New California Employment Class Action


By , , and on Nov 6, 2020
Posted In Employment, Privacy and Data Security

Class action litigation brought under the Fair Credit Reporting Act (FCRA) is on the rise—particularly in California—after the US Court of Appeals for the Ninth Circuit issued a 2017 decision applying a hypertechnical approach to the FCRA’s disclosure requirements. Background checks are an integral part of the hiring process, but they open employers up to...

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Background Checks: The Advent of the New California Employment Class Action


By , , and on Jul 28, 2020
Posted In Employment, Privacy and Data Security

Class action litigation brought under the Fair Credit Reporting Act (FCRA) is on the rise—particularly in California—after the US Court of Appeals for the Ninth Circuit issued a 2017 decision applying a hypertechnical approach to the FCRA’s disclosure requirements. Background checks are an integral part of the hiring process, but they open employers up to...

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Global Employment Contracts: The Modern Tower of Babel


By and on Oct 3, 2019
Posted In Employment

Although multi-jurisdictional compliance is a challenge in relation to every aspect of employment law, the structure of employment contracts and the enforcement of global policies require particularly careful consideration. The need to coordinate individual country compliance across numerous countries whilst still maintaining a common company culture requires extensive knowledge of national laws and considerable flexibility.

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A New Landscape for Businesses with California Operations, Thanks to A.B. 5


By and on Sep 26, 2019
Posted In Employment

This month, Assembly Bill 5 (A.B. 5) was signed into California law. A.B. 5 codifies the “ABC Test”—used to determine if a worker is an independent contractor—which is broader, harsher and more inclusive than the common law test with which most businesses are familiar. A.B. 5 appears to be the death knell of convenience for...

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