Diana M. Estrada Partner

     

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Diana Estrada represents employers in a wide variety of employment-related matters, including both defense of litigation and counseling regarding legal compliance. Diana is a member of the American Bar Association’s Labor & Employment Equal Opportunity Committee, which concerns itself with significant developments in employment discrimination law.

Diana’s priorities are her clients’ priorities. She approaches the handling of each case based on the clients’ particular business needs and goals. Once she has identified her clients’ definition of a “win,” she tailors her strategies to achieve it.

Areas of Focus

Employment Litigation Experience
Diana is experienced in litigating matters arising under all aspects of federal and state employment laws, including issues arising under the California Fair Employment and Housing Act, Title VII; the Age Discrimination in Employment Act; the Americans with Disabilities Act; the California Family Rights Act; the Family and Medical Leave Act; and the California Labor Code. She has defended employers in matters involving issues of retaliation, whistleblowing claims pursuant to California Labor Code §1102.5, sexual harassment, disability discrimination, pregnancy discrimination, age discrimination, sexual orientation discrimination, defamation and breach of contract.

Diana has defended employers in numerous wage-and-hour class actions and Private Attorneys General Act (PAGA) representative matters. She has handled countless single-plaintiff wage-and-hour matters involving claims of misclassification, meal period and rest break violations, record keeping, wage statement requirements, piece rates, bonus calculations, uniforms and penalties, among other claims. Additionally, she has successfully leveraged class action waivers and arbitration agreements to get matters into single-plaintiff arbitration or to force matters to settle for pennies on the dollar. Diana has represented clients at countless Division of Labor Standards Enforcement hearings and handled U.S. Department of Labor audits of clients to ensure no actions were taken against the clients. She has extensive experience representing clients in state and federal courts, arbitrations and before various administrative agencies, including the Equal Employment Opportunity Commission, the Department of Fair Employment and Housing, and the Division of Labor Standards Enforcement.

Additionally, Diana assists employers developing strategies to avoid litigation. This includes working with employers to modify employment policies and practices, conducting workplace investigations, assisting in devising policies that enhance clients’ objectives while complying with the law, and helping to ensure that employee handbooks are up to date. She presented various educational and preventive seminars for employers and in-house and outside counsel. Diana also is experienced in drafting and negotiating executive employment agreements and severance agreements.

Fair Housing & Discrimination Claims
Diana has successfully defended for-profit and nonprofit multiunit complexes, including senior living communities, in disability, familial and race discrimination matters involving alleged violations of the Unruh Civil Rights Act, Title 8 of the Civil Rights Act of 1968, 42 USC 3604, the Disabled Persons Act, and the Fair Employment and Housing Act, among others. Diana has extensive experience defending such matters in the Department of Fair Employment and Housing (DFEH), U.S. Department of Housing and Urban Development (HUD), and state and federal courts.

Representative Matters

Represented a global ground handling company, a national trucking company, construction companies, property management companies and a major ski resort, among others, in employment-related matters, including statewide wage-and-hour class actions.