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 also successfully worked on the decertification of a class and collective action of over 30,000 employees alleging off-the-clock work pursuant to the FLSA and California law.  Ms. Herrera has also 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.  Ms. Herrera 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 also successfully worked on the decertification of a class and collective action of over 30,000 employees alleging off-the-clock work pursuant to the FLSA and California law.  Ms. Herrera has also 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.  Ms. Herrera 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
  • Ninth Circuit Court of Appeals

Affiliations

  • LA County Bar Association
  • Hispanic National Bar Association
  • Mexican American Bar Association

Representative Engagements

Representative Single Plaintif Cases

  • Calderon v. Union Bank, N.A. (alleged disability discrimination, failure to engage in the interactive process, failure to provide a reasonable accommodation, age discrimination, retaliation, harassment, violation of CFRA, and wrongful termination)
  • Galvan v. Costco Wholesale Corporation (alleged disability discrimination, failure to engage in the interactive process, failure to provide a reasonable accommodation, defamation, and wrongful termination)
  • Garcia v. Costco Wholesale Corporation (alleged sex, race, national original and marital status discrimination, retaliation, wrongful termination, and breach of contract)
  • Hamilton v. Costco Wholesale Corporation (alleged disability discrimination, failure to engage in the interactive process, and failure to provide a reasonable accommodation)
  • McEvoy v. Fresh & Easy Neighborhood Markets (alleged intentional misrepresentation, negligent misrepresentation, age discrimination, gender discrimination, defamation, and wrongful termination)
  • Likins v. Rockwood Pigments, N.A. (alleged breach of contract, defamation, and wrongful termination)
  • Pascual v. Precision Engine Controls Corp. (alleged national origin discrimination, wrongful termination in violation of public policy, breach of contract, breach of implied covenant of good faith and fair dealing, hostile work environment, negligent supervision, intentional infliction of emotional distress, sexual harassment, and battery)
  • Player v. Reliance Standard Life Insurance, Co. (alleged disability discrimination, failure to engage in the interactive process, failure to provide a reasonable accommodation, and violation of CFRA)
  • Yanez v. Costco Wholesale Corporation (alleged disability discrimination, failure to engage in the interactive process, failure to provide a reasonable accommodation, retaliation, and wrongful termination)

Representative Wage & Hour Cases

  • Ailey v. Restoration Hardware(alleged failure to provide meal and rest breaks, provide accurate wage statements, and failure to pay overtime to hourly employees)
  • 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)
  • Chavira v. Restoration Hardware(alleged failure to provide meal and rest breaks, provide accurate wage statements, failure to pay overtime to hourly employees, and failure to reimburse business expenses)
  • 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)
  • Le v. Hyatt Hotels Corporation(alleged failure to provide meal and rest breaks, provide accurate wage statements, failure to pay overtime to housekeeping staff)
  • 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)
  • Payala v. Wipro, LLC(alleged misclassification, failure to pay overtime, wage statement violations, 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)
  • Ruiz v. JCP Logistics, Inc. (alleged off-the-clock work due to security checks, and Labor Code claims for failure to pay overtime, failure to provide accurate wage statements, and failure to pay minimum wages, waiting time penalties)
  • 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)
  • Trujillo v. Hyatt Hotels Corporation (alleged failure to provide meal and rest breaks, provide accurate wage statements, failure to pay overtime to housekeeping staff)
  • Wenrick v. Hyatt Hotels Corporation (alleged failure to provide meal and rest breaks, provide accurate wage statements, failure to pay overtime to housekeeping staff)
  • Whitten v. Tilly’s, Inc. (alleged off-the-clock work, failure to pay overtime, failure to provide accurate wage statements, failure to provide meal and rest breaks, and waiting time penalties)

Publications

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