We Take A Stand
for Workers’ Rights
Delivering justice to workers with unrivaled legal resources
and representation, for over a decade.
No Fees Until We Win
Hernandez Law Can Take Action For You
In Cases Related To
Wage and Hour Theft
No matter where you work, you rely on your paycheck to take care of your family’s needs. If you are…
Learn MoreSexual Harassment
If you have experienced any form of sexual harassment in the workplace, it is important that you know that you…
Learn MoreWrongful Termination
If you have ever experienced being laid off or terminated, you know how stressful this situation is. But imagine if…
Learn MoreDisability Discrimination
If you are disabled, state and federal law offers protections as you apply for and work a job in California.…
Learn MorePregnancy Discrimination
If you are pregnant, you should be enjoying this new chapter of your life. You should not be stressed out…
Learn MoreGeneral Discrimination
Employment discrimination is against the law. There are state and federal laws that prohibit employers from discriminating for any reason.…
Learn MoreAttorney Tatiana Hernandez
Attorney Tatiana Hernandez is passionate about helping minorities and marginalized workers. She dedicates her practice to helping workers navigate the complex legal matters that employment law can present. She cares about the rights of workers and works hard to help them overcome their fears of the legal process.
Additionally, she is licensed in California and Washington state. In her spare time, Tatiana enjoys spending time with her husband and two children.
We’ve Recovered Millions. We’ll Recover What’s Owed to You.
No matter where you work, you rely on your paycheck to take care of your family’s needs. If you are not appropriately paid for the hours you have worked, your family may endure financial hardship.
We help clients address wage and hour disputes. We can help you understand your legal rights and the options you
have to get the compensation you are legally entitled to.
If you are experiencing any of these wage and hour disputes, contact Hernandez Law. Let us help you protect your rights and make sure that you are fairly and legally compensated.
Settlements
Recovered $1,115,000
For Approximately 10,000
Farm Workers for Unpaid
Rest Breaks
Recovered $668,000
For Approximately 3,799
Farm Workers for Unpaid
Rest Breaks
Recovered $220,000
For Approximately 50
Truck Drivers for Unpaid Rest Breaks and Non-productive Time Activities
Covid-related Employment Cases
Working during the pandemic has been incredibly stressful, and your employer should not be making it worse. Tragically, millions of employees go to work in unsafe environments every day. At Hernandez Law, we can help you to prioritize your health and wellness.
No matter where you work, you rely on your paycheck to take care of your family’s needs. If you are not appropriately paid for the hours you have worked, your family may endure financial hardship.
Are you facing any of the following issues?
• Your employer will not let you work remotely even though your job duties can be completed offsite
• Your employer does not provide personal protective equipment, leaving the safety burden on you
• Your employer skips COVID screening or requires you to complete your screenings & questionnaires off the clock
If so, contact Hernandez Law today. You may have an employment case on your hands. We can help you to stand up for your rights and protect both yourself and your co-workers. Employers have a burden of responsibility to their employees, and we will not let them forget it.
Racism Discrimination Among Construction Workers
Have you faced racism or discrimination while working in construction? Sadly, discriminatory practices are not uncommon in the construction industry. If you have been mistreated, contact Hernandez Law. Discrimination in the workplace is never acceptable, and we can help you to stand up for what is right.
Blog
Coming Soon!
How can you defend yourself from workplace defamation?
Suffering from workplace defamation can be a devastating blow to an employee’s reputation and professional stability. False accusations, rumors, and…
Read MoreCan you quit your job without giving prior notice?
Leaving a job is a decision that demands careful consideration and takes a reasonable amount of time since it should…
Read MoreLegal remedies for your workplace bullying problems
Workplace bullying is a serious issue that can harm an employee’s well-being, productivity, and overall job satisfaction. While addressing bullying…
Read MoreHow employee incentive programs benefit a workplace
Employee incentive programs have become an essential part of modern workplace culture, offering countless benefits for employees and employers. From…
Read MoreChallenges of the Remote Work Era for Employees
The new normal of remote work, accelerated by global events such as the COVID-19 pandemic, has brought about unexpected changes…
Read MoreLegal Solutions Against Workplace Bullying
Workplace bullying is a problem that can have severe consequences for those who experience it. Legal solutions play a crucial…
Read MoreEssential Components to Create Employee Handbooks
Creating a well-crafted employee handbook is crucial for companies to establish clear expectations, policies, and guidelines for their workforce. All…
Read MoreMandatory medical benefits for employees
In California, the mandatory health benefits that employers must provide to their workers are protected by the state’s labor laws,…
Read MoreFairness Act for Pregnant Workers
The Pregnant Workers Fairness Act was designed to protect the rights of employees who are expecting a baby. This law…
Read MoreWhat employers can do to create equitable and inclusive workplaces
Employers play a fundamental role in creating a work environment in which everyone feels valued and empowered, so they are…
Read MoreA guide to know what to do if you’ve been sexually harassed
Experiencing sexual harassment in the workplace is a distressing situation that requires immediate action to prevent its continued occurrence. Knowing…
Read MoreSteps to take if you believe you were wrongfully terminated
Being wrongfully dismissed can be a distressing situation that we want to help you navigate. If you believe you were…
Read MoreHow can the law protect you as a whistleblower?
Workplace whistleblowers have the right to speak up when they discover wrongdoing within the company they work for, but they…
Read MoreFair Labor Standards Act: The basics
The Fair Labor Standards Act (FLSA) protects workers’ rights and ensures they receive fair compensation for their time and work.…
Read MoreEmployee Retirement Income Security Act
The Employee Retirement Income Security Act (ERISA), is a crucial piece of legislation that impacts millions of Americans’ retirement and…
Read MoreHow do we prevent work disruptions?
Interruptions due to problems or arguments at work often derail tasks, cause stress, and reduce overall job satisfaction for employees.…
Read MoreOral employment contracts versus written contracts
In the workplace, agreements that define the terms and conditions of employment come in two main forms: oral and written…
Read MoreCommon occupational diseases
Occupational diseases are health conditions that result from exposure to certain hazards in the workplace. These risks can affect employees…
Read MoreTips to take care of your mental health at work
In the fast-paced world we live in, the importance of mental health cannot be underestimated. As we dedicate a significant…
Read More5 things you should know about workplace bullying
In the workplace, bullying has become an alarming problem that affects both employees and organizations. Not only does it create…
Read MoreWays to report unsafe work conditions
All workers in the State of California have the right to a work environment that is safe and does not…
Read MoreEmployee monitoring. Is it ok?
One of the current debates revolves around whether or not it is ethical to monitor and record employees in the…
Read MoreThe importance of salary transparency
In our blog today, we want to share with you the importance of your employer being transparent when paying your…
Read MoreAmericans with Disabilities Act key terms
The Americans with Disabilities Act was established a few years ago with the purpose of protecting all people who suffer…
Read MoreDigital age and your privacy as an employee
Now that the digital age is part of everything we do in our daily lives, employees and their employers need…
Read MoreDenying employment opportunities
Applying for a job or a change of position that represents job growth is an activity that, although it causes…
Read MoreSafe work environment
During the last years the concept of a workplace that feels safe has been changing since now there is also…
Read MoreUnderstanding employment law
The importance of understanding how labor law can help in your life as a worker is to know what your…
Read MoreBy-law employee benefits
Thanks to federal and state laws, employees in California have a legal right to receive some benefits, in addition to…
Read MoreSocial media and the hiring process
Social networks have become a tool to get to know more than one person in all aspects of our lives,…
Read MoreAdverse actions in the workplace
After you decided to sue or accuse your employer of illegal or unfair acts that it was committing against you…
Read MoreWhat to do if your employer is refusing to pay you?
Under the laws of the state of California, employers have the obligation not only to pay your salary, but also…
Read MoreIllegal Retaliation
Thanks to various federal and state laws in California that protect the rights of workers, any employee who files a…
Read MoreConsequences of misclassification
Some employers choose to misclassify their workers as independent service providers, in order to avoid the taxes they would have…
Read MoreWorkplace defamation
Cases of defamation in the workplace can seriously affect the victim causing difficulties or problems at work by affecting their…
Read MoreWrongful termination types
There are some occasions when employers decide to fire a worker for illegal reasons and unfairly, which takes the employee…
Read MoreWage Theft
Wage theft is a serious problem in the workplace that thousands of workers around the country have to face. This…
Read MoreAmericans with Disabilities Act
The Americans with Disabilities Act was established with the purpose of protecting the rights of people with some type of…
Read MoreSuffering from bullying at the workplace
Suffering from bullying at work is usually very difficult for the victim since it may not allow them to carry…
Read MoreWhat do we mean by wrongful termination?
Employers in California do not have the right to fire one of their workers for any unjustified reason. For this,…
Read MoreFive Reminders About California Time Record Requirements
As you may know, your employer is responsible for submitting the time you record according to California Law. Today’s blog…
Read MoreHave you heard of at-will employment?
At-will employment is a law that many employers function under. This law ensures that you or your employer are able…
Read MoreImportant employment law updates
Time has flown by and we are halfway through the year. Today we want to refresh your mind on employment…
Read MoreEverything you need to know about protected classes
As a worker in the United States, especially if you are part of a protected class, it is crucial to…
Read MoreCOVID-19: Employment-related questions
The last two years have been a challenging and confusing time in all aspects of life, including constant changes in…
Read MoreFiling a discrimination claim
We understand that discrimination in the workplace is far more common than any of us would like. Therefore, it is…
Read MoreHow do we achieve pay equality?
It is a fact that women deserve to be paid the same amount as men when they have the same…
Read MoreUnderstanding equal pay
Employment laws can be intimidating, complicated, and even uncomfortable at times. Therefore, below we will explain equal pay in more…
Read MoreCalifornia employment laws you need to know
California is nationally recognized for always looking out for the well-being of employees in its state. This is mainly because…
Read MoreEverything you should know about your rights as a worker
Do you know your rights as a worker? We know that labor laws constantly change at the local and federal…
Read MoreImportant laws you need to remember as an employee in California
Are you employed in California? Do you want to know your rights as an employee? If this is your case,…
Read MoreCalifornia labor laws you need to know in 2022
Are you aware of the California labor law changes that occurred earlier this year? This 2022 has brought new modifications…
Read MoreCalifornia issues updated guidance on quarantine times
The CDC recently announced that the number of days you must quarantine if you were exposed to a case of…
Read MoreDid you get fired, or are you thinking of quitting your job?
In this week’s blog, we want to share some tips that will be necessary for you during this process. Regardless…
Read MoreFive Steps for California Employees to Prepare for 2022
The year is coming to an end, and endless possibilities open up for everyone. The world of labor law will…
Read MoreFor what reasons can an employer be sued?
Are you having problems at your work? Do you need to know if this problem can be taken to court?…
Read MoreDo you think you are suffering from discrimination in your work?
According to Business Insider magazine, 42% of members of the workforce have suffered or witnessed some form of discrimination in…
Read MoreDo you have a temporary employment contract?
Do you have a temporary employment contract? In this week’s blog, we want to help you know what your rights…
Read MoreHow to File a Wage Claim in California
As an employee, it is critical that you receive the minimum wage that the law guarantees for you and that…
Read MoreWhat are my rights after my employer terminates my contract?
Although the pandemic is beginning to recede, job losses continue to be a problem. As a result, many people have…
Read MoreWhat is the role of trade unions in today’s world?
Do you know what the role of unions is in the 21st century? Not sure if they have the same…
Read MoreAll you need to know about the vaccine mandate
The new mandate from the United States federal government, and OSHA regulations, to make COVID-19 vaccine requirements stricter have left…
Read MoreWhat is the difference between California Labor Laws and Federal Laws?
Because the United States is, as we know, made up of other states that consider themselves largely independent, federal and…
Read MoreHow to spot discrimination in the workplace
A study found that more than 75% of employees suffer harassment in the workplace. But do you know how to…
Read MoreFrequently Asked Questions About New California Labor Laws
This year has been a year full of changes for the working world, primarily due to the restructuring of the…
Read MoreTemperature Checks
Temperature checks have become an everyday occurrence in our personal and work lives. But does my employer have to pay…
Read More4 major California Law Changes
These last few months have caused a lot of uncertainty in various aspects of our lives. From when was it…
Read MoreNew COVID-19 Rules in the Workplace
The return to normalcy is getting closer and closer, and it’s something that excites us all. Advances in the COVID-19…
Read MoreFundamental rights of an employee
We must always defend our most basic rights. Depending on the environment you are in, these rights may vary. This…
Read MoreWorkplace Harassment
Bullying, no matter where it occurs, is a very sensitive topic, and sadly, it is much more common than we…
Read MoreRemote Work Problems
The pandemic caused by COVID-19 has generated infinite changes in the work environment. The main one has been the change…
Read MoreWhat should I do if I suffer from wrongful contract termination at work?
In today’s world, being fired from your job and having to strain to find a new one is a fairly…
Read MoreYou May Be Entitled to Business Expense Reimbursements
If you’ve spent your own money while working on company time, you may be entitled to expense reimbursement from your employer.
In California, an employer is required to reimburse mileage and cell phone use reimbursement. Other work-related expenses that may be reimbursed include internet service and computer, uniform purchases, work supplies and equipment, parking, hotel room expenses, and other travel expenses. If your employer has failed or refused to adequately reimburse any of these expenses, you should contact an employment law attorney right away.
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FAQs
While every case is different, being fired in retaliation for filing a complaint is illegal. Employers cannot legally terminate an employee because he or she reported unethical or illegal activity or violations of public policy.
Employers are required to pay employees for the full number of hours worked and any applicable and legal rest breaks. If your employer is clocking you out for hours you worked and paying you less than you are legally entitled to, you should contact an employment law attorney right away.
In California, employers are required to pay overtime pay to non-exempt employees who work more than 8 hours in a day or more than 40 hours in a single week. If you feel you may not have been adequately compensated for overtime hours, you should contact an employment law attorney right away.
A hostile work environment is a workplace where teasing or banter becomes offensive, intimidating or threatening to employees within a protected class. For example, if all women are harassed or discriminated against while male employees are not – there is a hostile environment for women. If the workplace is hostile in general, such as an employer who is unkind to everyone, then it may not constitute a hostile work environment for legal purposes.
There is a fine line between an adverse employment action and discrimination. The best way to recognize discrimination is to realize exactly what that is. Discrimination is adverse employment actions based on an employee’s protected class, meaning race, gender, age, disability or religion. Even though someone degrading your favorite sports team is frustrating, it is not a protected class, and therefore is not legally discrimination.
Employers are legally required to provide reasonable accommodation to an employee who is disabled. The accommodation must be reasonable and must not put undue hardship on the employer. A reasonable accommodation is one that makes a change in the workplace or position that assists the employee in his or her duties. Examples include adding wheelchair ramps, permitting a service animal in the workplace, or installing a screen reader.
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