Legal Expertise

Diana M. Martinez is a Labor & Employment associate attorney in MSK's Los Angeles office.  Alongside seasoned attorneys at MSK, Diana defends employers in single plaintiff matters involving wage and hour claims, discrimination, retaliation, harassment, wrongful termination, and unfair competition.  She also represents clients in wage and hour class and PAGA representative actions.   

Diana has broad experience advising clients on a variety of personnel matters, including arbitration agreements, employee handbooks and policies, compensation plans, remote work, COVID-19, accommodations, terminations, and severance agreements.  She has also partnered with clients to issue cease and desist letters, investigate allegations of workplace misconduct, audit wage and hour policies and practices under state and federal law, and advise clients on international employment law issues, such as worker classifications.

Representative Matters

• Counsel for religious organization in single plaintiff discrimination, retaliation, harassment, and wage and hour case. Successfully obtained summary adjudication on each of the plaintiff’s Title VII claims.*
• Counsel for client in healthcare industry for single plaintiff pregnancy discrimination and wage and hour matter pending in arbitration. Secured order to compel the matter back to arbitration, where dispute arose as to the timing of the payment of arbitration fees.*
• Counsel for client in manufacturing industry in single plaintiff sexual harassment, wrongful termination, and wage and hour matter. Motion to dismiss commission claim granted.*

*Indicates matters handled prior to joining MSK

Other Career Experience

• Associate Attorney, Polsinelli LLP
• Associate Attorney, Haines Law Group, APC 
• Associate Attorney, Lewis Brisbois Bisgaard & Smith LLP 
• Legal Intern, Business & Legal Affairs Department, Little Star Media, Inc. 

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