PRACTICE AREAS

Gilda “Jill” Hernandez

Professional Experience

In 1997, Ms. Hernandez started her wage and hour career as a government official with the U.S. Department of Labor, Wage and Hour Division in Los Angeles, CA. She initiated field investigations of industrial, agricultural, and other business establishments to obtain compliance with federal labor and immigration laws; enforced immigration programs under the amended H-1(B) program of INA and employment eligibility; enforced federal labor laws regarding minimum or prevailing wage rates, overtime pay, family medical leave, wage garnishment, migrant safety and health protection, government contracts and similar matters related to employment and hours worked. She worked closely with employers to ensure their understanding of the requirements of the law and advised them on how to reach and maintain compliance.

Currently, Ms. Hernandez’s practice is focused on representing individual plaintiffs and plaintiffs in complex collective and class action litigation for alleged violations of the FLSA, NCWHA, and any other state’s wage and hour laws. Additionally, Ms. Hernandez has been interviewed for and appeared on television, radio, and in print media discussing relevant wage and hour issues affecting employees in various industries subject to the FLSA and the NCWHA.

Representative Work

Employment Wage And Hour Class Trial And Litigation

Ms. Hernandez was lead counsel in Guererro v. Pro Klean, Inc., (Mecklenburg Superior Ct), the first of its kind wage and hour class action in North Carolina, successfully tried, resulting in a plaintiffs’ verdict, awarding class member damages, liquidated damages, and attorney’s fees and costs in the amount of approximately $425,000.00 for 40 class members.

Wage And Hour Class Actions

Currently, Ms. Hernandez is lead class counsel in Pontones v. San Jose Restaurant, Inc. (E.D.N.C.). In October 2019, the Court certified the matter as a collective/class action pursuant to the FLSA and R.23 of the NCWHA, finding that servers from a Mexican restaurant chain alleged common illegal pay practices, including a failure to pay minimum wage, overtime for hours over 40, and illegal deductions from their pay.  

On February 1, 2022, the Court in Roldan v. Bland Landscaping Co., Inc. certified the matter as a collective/class action, finding that foremen from a landscaping company alleged common illegal pay practices, including automatic lunch break and uniform service fee deductions.

On November 30, 2021, Ms. Hernandez, as lead counsel, was granted class wide settlement approval for over 300 call center employees in Mearidy v. nThrive Solutions, Inc.

On September 21, 2021, Ms. Hernandez, as lead counsel, resolved this matter on behalf of a total of six (6) restaurant servers for a total of $475,000.00 in Pontones v. Los Tres Magueyes, Inc., et al.

In September 2020, in the matter of Wai Man Tom v. Hosp. Ventures LLC, Ms. Hernandez argued before the Fourth Circuit, on behalf of the named Plaintiff, seven (7) opt-in Plaintiffs, and a putative collective/class of sixty-two (62) restaurant servers. The Fourth Circuit , reversed a District Court’s ruling, granting summary judgment in favor of defendant. In November 2020, the Fourth Circuit, affirmed in part, vacated in part, and remanded for further proceedings. In April 2021, the District Court granted Plaintiff’s motion for conditional/class certification pursuant to the FLSA and the North Carolina Wage and Hour Act.

Ms. Hernandez was lead class counsel in Lewis v. Precision Concepts Group, LLC. (M.D.N.C.). In July 2019, the Court certified the matter as a collective/class action pursuant to the FLSA and R.23 of the NCWHA, finding that manufacturing employees alleged common illegal pay practices. The employees alleged they were not paid for all pre- and post-shift hours worked. The employees also alleged that the employer illegally rounded their electronic clock-in and clock-out times, and illegally struck recorded overtime. Specifically, the employees sought unpaid overtime compensation and straight-time wages on their regular pay day. This matter was also granted class-wide settlement approval on March 23, 2021.

On April 9, 2020, Ms. Hernandez, as lead counsel, was granted class-wide settlement approval for over 800-armed security technicians in Myers v. Loomis Armored US, LLC.

 On November 5, 2020, the Court in Mebane v. GKN Driveline N. Am., Inc. certified the matter as a collective/class action, finding that over 3,400 manufacturing employees across three North Carolina locations alleged common illegal pay practices, including rounded their electronic clock-in and clock-out times, and illegally altered recorded time entries.

Ms. Hernandez was co-lead counsel in Rindfleisch et al v. Gentiva Health Services Inc., (N.D. Ga.), in which nurses and other home health care providers were held to be non-exempt because they were not paid on either a bona fide salaried or fee basis. Despite a successful summary judgment ruling in favor of the plaintiffs, the case was decertified. Nonetheless, the parties have reached a resolution in this matter that all parties believe was resolved favorably on behalf of the remaining 150 plaintiffs.

In Cook v. Amedisys Inc., (D. Ct.), a lawsuit challenging similar practices as the Gentiva litigation, Ms. Hernandez, as co-lead class counsel, represented approximately 2,000 nurses, physical therapists, and occupational therapists pursuing wage and hour claims against Amedisys; the case settled recently for $8 million.

In Berber v. Hutchinson, et al., (EDNC), Ms. Hernandez was also lead class counsel against a tree service company in a collective/class action pursuant to the FLSA and NCHWHA, where a class of approximately 120 laborers sought unpaid straight-time and overtime wages lawfully due, which settled in 2019 for $3 million.

In Velasquez-Monterrosa v. Mi Casita et al, (EDNC), Ms. Hernandez was also lead class counsel against a Mexican restaurant chain in North Carolina, representing cooks who alleged they were not paid for all of their hours worked, time and one-half for hours over 40, and not paid their straight time wages. This matter affected over 150 cooks, and the matter settled in 2017 for $2.5 million dollars.

Professional Honors

In 2012, Ms. Hernandez was selected by Super Lawyers as a North Carolina “Rising Star” in Employment and Labor Law. She was also recognized for excellence, as one of North Carolina’s “Outstanding Young Lawyers in Employment and Labor Law” by Charlotte Magazine.

Professional and Community Activities

• National Employment Lawyers Association
• National Employment Law Project
• North Carolina Bar Association
• Tenth Judicial District Bar

Education

Ms. Hernandez graduated from the University of Illinois at Chicago with a B.A. in Criminal Justice and Southwestern University School of Law, (JD, December 2004.)

Languages

Ms. Hernandez is fluent in Spanish, written & spoken.