Overview

Wayne A. Hersh has more than 30 years of experience in labor relations and employment law and has extensive experience with employers and management in the construction, agriculture and manufacturing industries. A well-known lawyer who is familiar with the issues facing employers dealing with unions, Wayne has represented management at all levels in:

  • Collective bargaining negotiations
  • Grievances
  • Arbitrations
  • Labor board election campaigns
  • Unfair labor practice litigation

The majority of Wayne's work involves representing employers in matters relating to:

  • Wrongful termination
  • Wage and hour claims
  • Prevailing wage compliance
  • Discrimination
  • Harassment
  • Other employee regulations that affect employers

His notable cases include a court reversal of a ruling by the National Labor Relations Board, which would have imposed a financial penalty in excess of $2.4 million on an employer; a court ruling that employers need not exhaust administrative remedies before seeking relief in federal court; a precedent-setting court decision that it could determine if an employer had repudiated its 8(f) pre-hire agreement when the National Labor Relations Board had dismissed the matter for policy reasons; and a precedent-setting ruling that found that the National Labor Relations Board had jurisdiction over field harvesting crews when members rotated from harvesting to packing functions.

Professional & Community Affiliations

Member

Labor Relations Law Section

State Bar of California

Member

American Bar Association

Member

Orange County Bar Association

Recognition

Named, Lawyer of the Year

Employment Law - Management, Irvine

The Best Lawyers in America©

2016

Named, The Best Lawyers in America©

2013-2019

Awarded, AV® Peer Review Rating

Martindale-Hubbell

Speaking Engagements

New Developments in California Prevailing Wage Law for 2017

Los Angeles, CA

April 11, 2017
New Developments in California Prevailing Wage Law for 2017

San Diego, CA

March 28, 2017
Weathering the Storm: California Prevailing Wage Law Compliance in 2015

Irvine, CALos Angeles, CALos Angeles, CA

April 2, 2015

Independent Contractor Mandate

2015 Training Workshop Seminar - California Coalition Metals, Downey, CA

February 26, 2015

Cell Phone: Reimbursement and Correspondence

2015 Training Workshop Seminar - California Coalition Metals, Downey, CA

February 26, 2015

Independent Contractor Mandate

2015 Training Workshop Seminar - California Coalition Metals, Union City, CA

February 18, 2015

Cell Phone: Reimbursement and Correspondence

2015 Training Workshop Seminar - California Coalition Metals, Union City, CA

February 18, 2015
OFCCP's Final Regulations for Veterans and Individuals with Disabilities

March 18, 2014

Wage and Benefit Issues

Human Resource Law From Start to Finish - National Business Institute (NBI), Orange, CA

January 29, 2014

The Impact of the Affordable Health Care Act on Employers: Are You Ready?

Celayix Software Webinar

May 29, 2013

Affordable Care Act Regulations and 2013 CA Labor Laws

California Association of Licensed Security Agencies, Guards and Associates (CALSAGA)

February 27 and 28, 2013

New 2013 California Labor Laws and Changes & Affordable Healthcare Act Update

Russ Gunn Insurance Agency, INC., Downey, CA

February 8, 2013
Leave Me Alone

Irvine, CA

September 28, 2012
California Prevailing Wage Law: Six Things You'd Better Understand Before Beginning (or Continuing) Public Works Construction in California

Irvine, CA

September 12, 2012

Education

  • J.D., University of the Pacific McGeorge School of Law, 1976
  • B.A., University of Southern California, 1968

Bar Admission

California

Courts

  • U.S. Supreme Court
  • U.S. Court of Appeals, 9th Circuit
  • U.S. District Court, Southern District of California
  • U.S. District Court, Central District of California
  • U.S. District Court, Eastern District of California
  • U.S. District Court, Northern District of California