Her areas of practice include employment rights such as discrimination and retaliation claims, wrongful discharge, workers’ compensation, mergers and acquisitions, and welfare benefits and ERISA litigation.
She actively litigates employment lawsuits at the administrative and judicial levels in both local and federal courts.
As part of her experience in the welfare benefits area, Ms. Marvez also provides legal counsel and representation to plan sponsors and administrators on issues affecting the administration of group health plans and compliance with applicable laws and regulations, such as ERISA, HIPAA, and COBRA.
In the area of mergers and acquisitions, she provides assistance to clients in their commencement of operations in Puerto Rico, including the labor and employment-related statutory and regulatory requirements. Also, Ms. Marvez has extensively worked on the creation, development, and revision of employee handbooks, policies, and workplace regulations.
Ms. Marvez was the co-editor of the Puerto Rico chapter in the Littler Mendelson Guide to International Employment and Labor Law for 2010 and 2012 and co-editor of the Puerto Rico section of the “Getting the Deal Through: Labour & Employment” publication in 2009 and 2010.
As a contributor to the Firm’s Labor Perspectives newsletter she published numerous articles, among them “Breach Notification Requirements Are Now in Effect! Are you in compliance with ARRA?” (Winter 2009-2010) and “Last Weeks of Extension Period for COBRA Premium Subsidy under ARRA” (Winter 2009-2010).
She worked as a Summer Associate for three consecutive years starting in 1999 and then joined the Firm as an attorney in 2002. While in law school Ms. Marvez worked as research assistant in the project for the revision of the Puerto Rico Civil Code.
Her representative cases include:
- Gloria Ortiz-Martínez v. Fresenius Health Partners, PR, LLC et.al., Civil No.14-1335. Opinion and Order issued March 15, 2016. District Court granted Defendants’ motion for summary judgment and dismissed with prejudice all federal and state claims insofar as Plaintiff was not a qualified individual under the ADA and even assuming she was, the District Court found that Plaintiff had stonewalled the interactive process required by the ADA.
- Edgardo González v. The Ritz Carlton, San Juan Hotel, Spa & Casino, Case No. 01-14-0000-3479. Arbitration Award issued on February 16, 2016, by the American Arbitration Association (“AAA”). The Arbitrator granted Respondent’s motion for summary judgment and determined that the Claimant, a long-time employee, had been dismissed with just cause due to a grave offense.
- Yamil Valentín v. Johnson & Johnson Services, Inc., 2015 WL 3422660. District Court granted Defendants’ motion for summary judgment and dismissed all religious and disability based discrimination claims against Defendants.
- Lourdes Galarza Peña v. Marriott Puerto Rico Management Corp., 2014 WL 3840778 (June 12, 2014) Appellate Court reversed Court of First Instance’s decision to issue a permanent injunction against Defendant which ordered Galarza’s reinstatement after she was suspended for her refusal to comply with essential job requirements. The Appellate Court went on to determine that Galarza’s lack of compliance with the essential job requirements constituted just cause for termination of employment under Puerto Rico Act No. 80.
- Diana Soto Fonalledas v. Ritz-Carlton San Juan Hotel Spa, 640 F.3d 471 (1st Cir. 2011): Decision upholding validity of employment arbitration agreement.
- Francisco Javier Vázquez Cabello et al. v. Wyeth-Ayerst Lederle, Inc., Civil No. 06-1045(JAG). Opinion and Order of March 24, 2008. The Court granted Defendant’s motion for summary judgment and dismissed with prejudice all federal and state claims under ADEA and Act No. 100.
- Judy Colón et.al. v. San Juan Marriott Resort and Stellaris Casino, 600 F.Supp.2d 295 (D. Puerto Rico 2008). Summary Judgment on behalf of the Company dismissing all but one claim due to issues of fact.
- Successful representation of the Ritz-Carlton Hotel in multiple federal and local judicial claims upholding the validity of the Company’s employment arbitration agreement and removal of said claims to arbitration. Some of those claims are: Edgardo González v. Luxury Hotels International of PR, Civil No. KPE2013-1564; Diana Soto Fonalledas v. Ritz-Carlton San Juan Spa & Casino, Civil No. KPE 2012-2269, Judgment issued on January 15, 2013; Wilfredo Barbosa González v. The Ritz Carlton Hotel Company, Inc., Civil No. FPE 2011-0818, Judgment issued on March 21, 2012.
- Assisting Perry Ellis International with the labor and employment aspects of one of its store openings.
- Assisting TIGI de Puerto Rico, Inc. with the labor and employment aspects of its commencement of local operations.
- Assisting Vitamin Shoppe Industries, Inc. with all aspects of its commencement of operations in Puerto Rico, including all labor and employment aspects.
News & Publications
- An McV Labor & Employment Law AlertMarch 13, 2017
- An McV Labor & Employment Law AlertJanuary 10, 2017
- An McV Immigration Practice AlertNovember 15, 2016
- An McV Labor & Employment Law AlertOctober 21, 2016
- An McV Labor & Employment Law AlertSeptember 6, 2016
- The Puerto Rico Oversight, Management, and Economic Stability Act (“PROMESA”) excludes Puerto Rico from the Department of Labor’s Final Rule regarding “white collar” exempt employeesAn McV Labor & Employment Law AlertJuly 1, 2016
- Failure to comply with Title VII, ADA and GINA’s notice posting requirements may result in fines of up to $525 for each separate offense starting on July 5, 2016An McV Labor & Employment Law AlertJune 21, 2016
- An McV Labor & Employment Law AlertJune 21, 2016
- An McV Labor & Employment AlertMay 18, 2016
- March 8, 2016
- Puerto Rico Supreme Court reinforces employer’s duty to provide a private, safe and hygienic location to its working mothers who are breastfeeding.February 9, 2016
- January 7, 2016
- Commonwealth of Puerto Rico
- U.S. District Court District of Puerto Rico
- U.S. Court of Appeals 1st Circuit
Bachelor Degree, General Honors, University of Miami, 1999
- Major: Political Science
J.D., Cum Laude, Interamerican University of Puerto Rico School of Law, 2002