Allison B. Hernandez, AWI-CH

Allison Hernandez is a partner in the Labor and Employment and Labor Relations Practice Groups. She is also a member of Burke’s Workplace Investigations team.

Allison works with private and public entities with an emphasis in personnel and labor relations. She represents public employers as a lead negotiator during collective bargaining with their employee groups, including police, fire, general employees, and management groups.  Allison also provides counsel and support regarding strikes and concerted activities. Additionally, she represents public employers for meet-and-confers, unfair labor practices, and grievances.

Allison also advises clients on employment issues such as employee discipline including termination proceedings, layoffs, policy creation and review, medical leaves of absence, and disability accommodations. She represents clients before the Equal Opportunity Commission, California Civil Rights Department (formerly known as the “Department of Fair Employment and Housing”), California Division of Labor Standards Enforcement, and California Public Employment Relations Board.

Allison also regularly conducts impartial workplace investigations and is an Association of Workplace Investigators Certificate Holder (AWI-CH). She has conducted workplace investigations related to claims of sexual harassment, discrimination, wrongful termination, and various other complaints. She has experience conducting public sector workplace investigations involving sworn and non-sworn employees. Allison also has received certification through ATIXA as a participant in Level 1 and Level 3 ATIXA Civil Rights Investigator Trainings.

Additionally, Allison oversees investigations conducted by outside neutral investigators and advises clients on the investigation process and related legal issues.

Allison also has experience providing employers with litigation solutions, and has defended employers in pre-litigation, arbitration and all phases of litigation against claims for discrimination, harassment, wrongful termination, retaliation and whistleblower claims. She is skilled in taking and defending depositions, drafting successful dispositive motions, and participating in all phases of mediation.

In addition to Burke, Allison has worked at two AmLaw 100 law firms where she focused her practice exclusively on California employment litigation. She also worked at a leading Education Law firm where she advised community college districts and K-12 schools on labor and employment matters and governance-related issues.