Krista M. Cabrera
Partner
Krista Cabrera is an employment attorney focusing her practice on employment litigation, counseling, and training. She is a partner in the firm’s Labor & Employment Practice and serves as the Litigation Practice Group Leader for the West Region. Krista regularly represents employers in discrimination, harassment, wrongful termination, proprietary information and trade secret, and class action wage and hour litigation.
In addition to her litigation work, Krista also provides counseling services, focused on drafting agreements, litigation avoidance, and the review and preparation of various employment related policies and procedures. She trains managers and human resources (HR) professionals regarding harassment, discrimination, and retaliation avoidance.
Awards and Recognition
- Selected by San Diego Business Journal as one of the Top Labor & Employment Lawyers, 2024
- Selected by San Diego Business Journal as one of the Women of Influence in Law, 2023
- Selected by her peers for inclusion in The Best Lawyers in America© in the fields of Litigation – Labor and Employment (2022-2024) and Employment Law – Management (2024)
- Selected in San Diego Business Journal’s “Best of the Bar” (2014)
- Selected as a San Diego Top Attorney by the San Diego Daily Transcript (2011 and 2012)
Affiliations
- Member, San Diego Lawyers Club
- Former Member, National Human Resources Association, Programs Committee for the San Diego chapter
- Former Barrister, Louis M. Welsh American Inn of Court Member, San Diego Bar Association, Labor Law Section
Presentations and Publications
- Speaker, “Whistleblower Protections: Navigating Health Care Employment & Labor Rights,” Foley & Lardner Webinar (January 8, 2025)
- Article Regarding Recognition of Krista Cabrera as Among California’s Top Labor and Employment Attorneys, “Krista Cabrera,” The Daily Journal (August 7, 2024)
- Co-author, “PAGA Reform: How California Employers Can Take Action Now to Limit Potential Liability,” The National Law Review (July 29, 2024)
- Co-author, “Navigating Return Of Calif. COVID-19 Supplemental Sick Leave,” Law 360 (March 7, 2022)
- Quoted, “Do’s & Don’ts For Policing Workers’ Off-Duty Social Media Use,” Law 360 (November 25, 2020)
- Co-author, “Whatever the Court Decides It Won’t End the Debate Over Class Action vs. Individual Arbitration,” Talent Management and HR (November 21, 2018)
- Quoted, “Working Out Your Final Notice – Ask #HR Bartender,” HR Bartender (August 23, 2015)
- Author of regular column, “Legal Consult,” EMS Insider (2013-2016)
- Co-author, “Employers, Get to Know the New Religious Accommodation Rules,” Los Angeles Daily Journal (February 6, 2013)
- Assisted with research, drafts, and preparation of “Litigating Wage and Hour Cases: Defendants’ Perspective,” Wage and Hour Law and Litigation (Continuing Education of the Bar)
- Co-author, “Two Conflicting Visions for Fixing Employment Law,” Los Angeles Daily Journal (December 8, 2006)
- Co-author, “Claims by Illegal Immigrants,” Los Angeles Daily Journal (December 7, 2006)
- Co-author, “Court Holds California Employers Cannot ‘Average’ Wages to Determine Minimum Wage and Instructs on The Proper Method for Determining California’s Minimum Wage Law,” SDEA Newsletter (February 2006)
- Co-author of regular column, “Order,” San Diego Lawyer Magazine
- Speaker, “Legal Considerations for High-Growth Startups – Harassment in the Workplace,” 4thly Startup Accelerator, October 12, 2022
- Speaker, “Women, Diversity & Change,” The Women in Law Summit Series, October 23, 2019
- Speaker, “Reasonable Accommodation and ADA,” University of San Diego School of Law, November 8, 2017
- Speaker, “OC Roundtable: Combating The Rise Of California Disability Discrimination Lawsuits,” Association of Corporate Counsel, March 22, 2016
- Speaker, “Workplace Investigations in Employment Litigation,” San Diego County Bar Association, Continuing Legal Education, May 22, 2013
- Speaker, “Meal & Rest Periods, and Other Hot Employment Law Topics,” California Ambulance Association, September 2012
- Speaker, “ADA Mysteries Solved: A Practical Guide to Reasonable Accommodation & the Interactive Process,” EEOC San Diego Seminar, July 2011
- Speaker, “Employees on the Internet: Legal and Practical Concerns,” San Diego State University, Continuing Education, April 2008
- Speaker, “Employees and the Internet,” East County Personnel Association, February 2007
- Sexual Harassment Avoidance Training, ongoing since Fall 2005
When Does Venting Become a Complaint?
When does a general “vent session” become a protected complaint that the company must investigate? The answer may surprise some employers.
Whistleblower Protections: Navigating Health Care Employment & Labor Rights
Events in our recent history — the COVID-19 pandemic, increase in financial incentives for whistleblowers, and expansion of laws providing whistleblower procedures — have resulted in a spike in the number of whistleblower complaints received by regulators and employers globally.
Recent California Federal Court Decision Indicates That Determining Whether an Employment Agreement Illegally Restrains Lawful Employment Can Be a Fact-Intensive Inquiry Requiring Discovery
In a recent decision issued by the United States District Court for the Central District of California, a federal court in California was tasked with determining whether dismissal of a cause of action for tortious interference with contract at the outset of a case is appropriate where the underlying contract arguably contained restrictive covenants in violation of California Business & Professions Code section 16600.
It’s Already That Time of Year?
Along with pumpkins, costumes, and a chill in the air, the autumn season means it’s time to think about updating those handbooks and personnel policies! 2024 brought many new laws that warrant handbook updates, particularly in typically employment legislation-heavy states like California.
Krista Cabrera Named Top California Labor & Employment Lawyer
Foley & Lardner LLP partner Krista Cabrera is named to the Daily Journal's 2024 list of Top Labor & Employment Lawyers.
PAGA Reform: How California Employers Can Take Action Now to Limit Potential Liability
In 2004, California enacted the Private Attorneys’ General Act (PAGA), a first-in-the-nation mechanism to expand the enforcement of the state’s robust Labor Code protections for employees.