Diba D. Rastegar


  • Office Contact Info
  • Biography

    Diba Rastegar has experience representing private companies and public entities in all facets of employment law litigation and counseling. Her experience ranges from handling administrative complaints and single-plaintiff claims to class and collective actions involving discrimination, retaliation, sexual harassment, and wage-and-hour claims under federal and California laws. Diba also defends clients in employment tort claims, including intentional infliction of emotional distress, defamation, intentional interference with employment contracts, invasion of privacy, assault and battery, and negligent hiring, training, and retention.

    Diba advocates a proactive approach, counseling employers to evaluate their employment practices to minimize liability exposure. Diba works closely with in-house counsel and HR personnel to provide advice on a wide variety of employment matters, including employee discipline, termination, layoffs, wage-and-hour compliance, disability, leave of absence, sexual harassment claims and prevention, and paid sick leave laws. Diba has substantial expertise drafting all types of employment agreements and policies, including employee handbooks, independent contractor agreements, sexual harassment policies, confidentiality and non-disclosure agreements, and employment-related forms. Diba provides practical, clear advice and partners with clients to deliver exceptional results in a cost-effective manner.

    Diba’s experience also includes handling matters involving trade secrets, restrictive covenants, and employee unfair competition. Diba advises clients on how to safeguards their confidential, proprietary, and trade secret information.


    • California
    • U.S. District Court, Central, Southern and Eastern Districts of California
    • U.S. Court of Appeals, Ninth Circuit
  • Practice Areas
  • Representative Experience
    • Obtained dismissal on summary judgment of a class action wage and hour misclassification lawsuit for a national transportation company
    • Achieved full defense verdict in arbitration for a financial institution in discrimination lawsuit
    • Successfully opposed class certification in a wage and hour action for an entertainment talent agency involving claims for unpaid overtime, unpaid minimum wage, and failure to provide mea/rest periods
    • Successfully achieved full defense verdict in arbitration for a national retailer in gender/sex discrimination action
    • Successfully defended property management company in sexual harassment dispute, negotiating favorable settlement
    • Successful dismissed multiple retaliation claims against a public agency on summary judgment
    • Negotiated full dismissal of an individual disability discrimination action filed against a national retailer upon completion of plaintiff’s deposition
    • Conduct training on AB 1825, disability discrimination and leave of absence
  • Education


    J.D. University of California, Berkeley School of Law (Boalt Hall)

    • Senior Executive Editor of Berkeley Journal of Employment and Law Review

    B.A. Industrial and Organizational Psychology, University of California, Berkeley

    • Recipient of the Highest Distinction in General Scholarship (top 3% of the graduating class)
    • Recipient of Leadership Award for excellence in leadership
    • Recipient of the Ralph Kiewit Leadership Award for excellence in leadership
  • Languages
    • French
    • Italian
    • Farsi (Persian)
    • Portuguese