People: Rocio Herrera, Associate

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Rocio Herrera

Associate

Los Angeles - Downtown
Direct: (213) 270-9671
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Ms. Herrera is an associate in the Los Angeles office of Seyfarth Shaw LLP.  A member of the Labor & Employment department, she represents and counsels employers in all areas of employment law, including state and federal wage and hour, defamation, discrimination and harassment matters.  Ms. Herrera’s practice has a particular emphasis in the areas of wrongful discharge, employment discrimination, and wage and hour matters.  She has defended employers in proceedings before the California Labor Commissioner, and state and federal courts.

Ms. Herrera’s experience with wage and hour matters involves claims relating to enforcement of overtime, meal and rest breaks, misclassification, and improper wage statements as well as matters adjudicated under Business and Professions Code section 17200.  Ms. Herrera has successfully brought motions for summary judgment of FLSA overtime claims and for reduction of the size of purported classes.  She has successfully litigated and obtained dismissal, as well as favorably resolved, cases involving allegations of sexual harassment, disability, age, gender, and race discrimination, and claims of wrongful termination, harassment, retaliation and breach of contract.  Most recently, she second-chaired a trial in federal court and obtained a unanimous defense verdict in a disability discrimination action.

Ms. Herrera is fluent in Spanish.

Ms. Herrera is an associate in the Los Angeles office of Seyfarth Shaw LLP.  A member of the Labor & Employment department, she represents and counsels employers in all areas of employment law, including state and federal wage and hour, defamation, discrimination and harassment matters.  Ms. Herrera’s practice has a particular emphasis in the areas of wrongful discharge, employment discrimination, and wage and hour matters.  She has defended employers in proceedings before the California Labor Commissioner, and state and federal courts.

Ms. Herrera’s experience with wage and hour matters involves claims relating to enforcement of overtime, meal and rest breaks, misclassification, and improper wage statements as well as matters adjudicated under Business and Professions Code section 17200.  Ms. Herrera has successfully brought motions for summary judgment of FLSA overtime claims and for reduction of the size of purported classes.  She has successfully litigated and obtained dismissal, as well as favorably resolved, cases involving allegations of sexual harassment, disability, age, gender, and race discrimination, and claims of wrongful termination, harassment, retaliation and breach of contract.  Most recently, she second-chaired a trial in federal court and obtained a unanimous defense verdict in a disability discrimination action.

Ms. Herrera is fluent in Spanish.

Education

  • J.D., University of Southern California Gould School of Law (2004)
    Interdisciplinary Law Journal, Managing Editor
  • B.A., Trinity College (1999)

Admissions

  • California

Courts

  • California State Court
  • U.S. District Court for the Central, Eastern, Northern and Southern Districts of California

Affiliations

  • LA County Bar Association
  • Hispanic National Bar Association
  • Mexican American Bar Association
  • Nova Academy, Board of Directors

Representative Engagements

Representative Wage & Hour Cases

  • Alexander v. DS Waters of America, Inc. (alleged failure to provide meal periods and off-the-clock work for route drivers, failure to provide accurate wage statements)
  • Avila v. Hyatt Hotels Corporation (alleged failure to provide meal and rest breaks, provide accurate wage statements, failure to pay overtime to housekeeping staff)
  • Cortez v. Dominion Distribution Services  (alleged Labor Code violations for off the clock work, failure to pay minimum wages, properly calculate overtime, and failure to reimburse expenses for delivery drivers)
  • Hawk  v. Costco Wholesale Corporation (alleged false imprisonment, and Labor Code violations for off the clock work, failure to pay minimum wages and overtime, and unfair competition)
  • Medina v. Republic Services Inc. (alleged failure to provide meal and rest breaks, properly calculate overtime, and reimburse expenses of drivers)
  • Montelongo v. Cox Auto Trader, Inc. (alleged unlawful vacation pay forfeiture, failure to reimburse expenses, and waiting time penalties)
  • Perez v. Republic Services Inc. (alleged failure to provide meal and rest breaks, properly calculate overtime, and waiting time penalties, and failure to provide accurate wage statements of drivers)
  • Pytelewski v. Costco Wholesale Corporation (alleged false imprisonment, and FLSA and Labor Code violations for off the clock work, failure to pay minimum wages and overtime, and failure to provide accurate wage statements)
  • Tapia v. Noble/Utah Long Beach LLC (alleged failure to provide meal and rest breaks, provide accurate wage statements, failure to pay overtime to housekeeping staff)

Publications

  • Contributing Author, "Chapter 23," Wage & Hour Collective and Class Litigation, ALM Law Journal Press (2012).  Definitive treatise on wage and hour litigation.