People: Ari Hersher, Partner

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Ari Hersher

Partner

San Francisco
Direct: (415) 544-1063
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Ari Hersher is a partner in the San Francisco office of Seyfarth Shaw LLP.  Mr. Hersher’s practice is focused on employment litigation and includes the defense of wage and hour class and collective actions arising out of alleged violations of the California Labor Code and/or the Fair Labor Standards Act (FLSA).  Mr. Hersher’s practice also focuses on employment litigation of discrimination and harassment cases brought as single-plaintiff, multi-plaintiff and class actions under federal and state statutory laws (including under the FEHA, Title VII, ADEA, ADA, FMLA and CFRA).  Mr. Hersher also has experience litigating against the Equal Employment Opportunity Commission (EEOC), and with grievance resolution and labor arbitration. 

In addition to his litigation practice, Mr. Hersher represents and counsels employers in all areas of labor and employment law, including the California Fair Employment and Housing Act, Title VII, the Americans with Disabilities Act, California Labor Code, the Fair Labor Standards Act, and other state and federal statutes.  Mr. Hersher also provides day-to-day counseling and advice to clients about the various laws affecting the employment relationship, including employee complaints, workplace investigations, leaves of absence and the interactive process. 

Mr. Hersher has handled matters for and provided counseling to clients in a variety of industries, including health care, construction, hospitality, retail, aerospace, food service, non-profit, and high technology.  In addition, Mr. Hersher has provided assistance to local pro bono community programs, including Project Homeless Connect, the Innocence Project, and the Federal Pro Bono Project (protecting prisoners’ rights).

For his legal work, Mr. Hersher was recognized as a “Rising Star” by Super Lawyers Magazine in both 2015 and 2016.  He was also twice recognized by the San Francisco Bar Association’s Justice and Diversity Center for his “Outstanding Volunteer” work with San Francisco’s homeless population.

Prior to working for Seyfarth Shaw, Mr. Hersher received his J.D. from Duke Law School in 2008 and his B.A. from UCLA.  Mr. Hersher also served as a Judicial Extern for the Honorable Fred K. Morrison, Third District California Court of Appeal.

Ari Hersher is a partner in the San Francisco office of Seyfarth Shaw LLP.  Mr. Hersher’s practice is focused on employment litigation and includes the defense of wage and hour class and collective actions arising out of alleged violations of the California Labor Code and/or the Fair Labor Standards Act (FLSA).  Mr. Hersher’s practice also focuses on employment litigation of discrimination and harassment cases brought as single-plaintiff, multi-plaintiff and class actions under federal and state statutory laws (including under the FEHA, Title VII, ADEA, ADA, FMLA and CFRA).  Mr. Hersher also has experience litigating against the Equal Employment Opportunity Commission (EEOC), and with grievance resolution and labor arbitration. 

In addition to his litigation practice, Mr. Hersher represents and counsels employers in all areas of labor and employment law, including the California Fair Employment and Housing Act, Title VII, the Americans with Disabilities Act, California Labor Code, the Fair Labor Standards Act, and other state and federal statutes.  Mr. Hersher also provides day-to-day counseling and advice to clients about the various laws affecting the employment relationship, including employee complaints, workplace investigations, leaves of absence and the interactive process. 

Mr. Hersher has handled matters for and provided counseling to clients in a variety of industries, including health care, construction, hospitality, retail, aerospace, food service, non-profit, and high technology.  In addition, Mr. Hersher has provided assistance to local pro bono community programs, including Project Homeless Connect, the Innocence Project, and the Federal Pro Bono Project (protecting prisoners’ rights).

For his legal work, Mr. Hersher was recognized as a “Rising Star” by Super Lawyers Magazine in both 2015 and 2016.  He was also twice recognized by the San Francisco Bar Association’s Justice and Diversity Center for his “Outstanding Volunteer” work with San Francisco’s homeless population.

Prior to working for Seyfarth Shaw, Mr. Hersher received his J.D. from Duke Law School in 2008 and his B.A. from UCLA.  Mr. Hersher also served as a Judicial Extern for the Honorable Fred K. Morrison, Third District California Court of Appeal.

Education

  • J.D., Duke University School of Law (2008)
  • B.A., University of California, Los Angeles (2004)
    Phi Beta Kappa; Honors Collegium Program; Latin Honors; Departmental Honors

Admissions

  • California

Courts

  • U.S. District Court Northern District of California
  • U.S. District Court Eastern District of California
  • U.S. District Court Central District of California
  • U.S. Court of Appeals for the Ninth Circuit

Affiliations

  • American Bar Association (Labor and Employment Section)
  • San Francisco Bar Association
  • Leonard M. Friedman Bar Association
  • Edward J. McFettridge Inns of Court

Representative Engagements

  • Bob Wright v. United Air Lines, et al. (Obtained Rule 12(b)(6) dismissal of plaintiff’s claims for discrimination, harassment, and failure to accommodate under federal and state laws)
  • McConnell v. Red Robin, Inc. (Obtained dismissal of putative class representative, $16,000.00 sanction award and subsequent case dismissal, in California wage and hour class action matter involving allegations of off-the-clock work and failure to provide meal and rest breaks.)
  • Martinez v. Pratt & Whitney Rocketdyne (Member of team that secured defense verdict for an aerospace company in a discrimination/retaliation action)
  • Franklin Wright v. C&H Sugar Company Inc. (Member of defense team that obtained arbitration decision in favor of Company, upholding termination and dismissing grievance)
  • Manuel Morales v. C&H Sugar Company Inc. (Member of defense team that earned arbitration victory, upholding termination and dismissing labor grievance)
  • EEOC v. Supercuts, Inc. (Defense of federal single-plaintiff matter, involving claims of religious discrimination and retaliation under Title VII)

Other Representative Engagements

  • Larkin v. CPI Images, LLC (Defense of nationwide FLSA wage class action involving photographers and administrative employees alleging off-the-clock work, unpaid overtime, and unreimbursed business expenses)
  • Wilson v. Kiewit Pacific Co. (Defense of California wage and hour class action matter involving construction employees, alleging failure to reimburse for travel time and the legal parameters of an employee’s “commute” under California law). 
  • Fong v. Regis Corp. (Defense of California wage and hour class action matter involving salon employees, alleging failure to pay minimum wage, failure to provide rest breaks, and failure to pay wages due on incentive points program)
  • Calvert v. Red Robin, Inc. (Defense of California wage and hour class action matter involving food service employees alleging unpaid reporting time pay)
  • Wilson et. al v. Chanel, Inc. et. al  (Defense of California multi-plaintiff matter alleging systemic discrimination, retaliation, and negligence, involving issues of joint employment and borrowed employees)
  • Stallworth et. al v. StorageMart, Inc. (Defense of California multi-plaintiff matter involving administrative employees alleging violations of the CFRA, FMLA, and California’s kin care laws)
  • Metaswitch, Inc. Employee Classification Audit  (Conduct wage and hour employee classification audit, including review of employee positions and preparation of audit report)
  • B&H Education, Inc. Policy Review  (Update and prepare employer policies and arbitration agreement)
  • Hedrick v. A.C. Advisory (Appeal of DLSE decision regarding alleged alter ego employer and timeliness of employee wage payments under the California Labor Code)
  • Gross v. Beauty Systems Group (Defense of California single-plaintiff matter, involving claims of sexual harassment, discrimination, retaliation, breach of contract, and wage and hour claims)
  • Crozier v. Harman (Defense of California single-plaintiff matter involving claims of discrimination and battery, as well as guardian ad litem issues)
  • Boike v. Supra, Inc.  (Defense of single-plaintiff matter in Oregon federal court involving claims of ADEA discrimination, self-defamation, and breach of contract)
  • Greene v. Synarc (Defense of California single-plaintiff matter involving claims of pregnancy discrimination and CFRA violations)
  • Devani v. Deutsch Bank (Defense of California single-plaintiff matter involving allegations of disparate treatment and discrimination)
  • Buxton v. Eagle Test (Defense of federal single-plaintiff matter involving allegations of fraud, unlawful inducement to move and breach of contract)
  • Chin v. Hach Corp. (Defense of DFEH administrative matter involving travelling repairmen alleging misclassification and failure to pay wages, unpaid overtime, and waiting time penalties)
  • Mannick v. Kaiser  (Defense of federal ADA access case)
  • Murray v. Kiewit Pacific Co. (Defense of California single-plaintiff matter involving allegations of failure to protect employee safety and wrongful termination)
  • Berkich v. Red Robin, Inc. (Defense of EEOC claim regarding employee allegation of discrimination and wrongful termination)
  • Lindbergh v. Child Development, Inc. (Defense of professional licensing dispute)

Presentations

  • "Navigating Employee Privacy Issues in the Workplace," Webinar, presented by Seyfarth Shaw LLP (November 2, 2016)
  • “Voir Dire and Jury Selection,” Edward J. McFettridge Inns of Court (December 2013)
  • “Civility in the Legal Profession,” Edward J. McFettridge Inns of Court (September 2012)
  • “Attorney Ethics and Social Media,” Edward J. McFettridge Inns of Court (December 2011)
  • Speaker, "Civil Liberties and the War on Terror:  A Constitutional Perspective,” Leonard M. Friedman Bar Association, Sacramento, California  (March 2009)
  • "Employment Law Update,” Employer Advisory Counsel Sonoma, California (January 2008)

Publications

  •  “Living in Interesting Times: President Obama and the Rebirth of the Labor Movement,” Journal of Politics and Law, Vol. 2, No. 2 (June 2009)