Diane L. Kimberlin represents both private companies and public entities in many facets of labor and employment law, including:
- Defense of wrongful discharge actions
- Claims of sexual harassment
- Employment discrimination
- Retaliation claims
- Collective bargaining negotiations
- Labor arbitration
She has particularly notable experience defending retail and service sector employers faced with wage and hour class action claims. She regularly appears before state and federal courts in California and before the National Labor Relations Board. She has specific knowledge of:
- The Americans with Disabilities Act
- The Family and Medical Leave Act
- The California Fair Employment and Housing Act
- The California Family Rights Act
- The Employee Polygraph Protection Act
- California wage and hour laws
Among her notable litigation successes, Diane was involved with the defeat of class certification and in the subsequent trial of a national grocery store, and she secured the defeat of class certification and dismissal of a case which sought certification of a class of tens of thousands of hourly paid employees seeking payment of incremental overtime on incentive compensation. She has defended numerous other class actions.
Diane also regularly counsels clients, providing practical advice to ensure compliance with the rapidly evolving field of labor and employment law. She offers advice on discipline and termination decisions and provides training on sexual harassment, investigation of workplace issues, and proper documentation and discipline.
Diane's extensive background includes significant experience advising and representing clients in traditional labor relations matters, helping construction trades to establish and maintain dual gate systems on multi-employer worksites, resolving area standards picketing issues, and handling collective bargaining.
Over the course of her career, Diane has worked with a broad range of clients, including the following companies and industries:
- Retailers, including those in the grocery industry
- Hospitals
- Manufacturing
- Waste disposal and recycling
- Finance
- Insurance
- Entertainment
- Public sector
- Public schools
- Public safety employees
Diane is a member of Littler Mendelson's Associates Committee and has served on the faculty for the National Institute for Trial Advocacy deposition training program for several years. She also provides wage and hour training for associates.
Prior to working at Littler, Diane was an associate at another firm representing labor unions with an emphasis on the retail grocery industry, major entertainment and production unions and guilds.
PROFESSIONAL AND COMMUNITY AFFILIATIONS
- Member, Los Angeles County Bar Association
- Member, American Bar Association
- Member, Labor Law / Litigation sections - Los Angeles County Bar Association
- Member, Labor Law / Litigation sections - American Bar Association
- Member, Board of Directors - Regis House
RECOGNITION
- Named, Best Lawyers in America, 2007-2012
PUBLICATIONS
- February 10, 2012
- August 29, 2007
BLOG ENTRIES
- Wage & Hour Counsel, January 30, 2012
PRESS
- September 12, 2011
- August 9, 2010
- August 14, 2009
- October 31, 2008
- September 7, 2007
- November 28, 2005
ADDITIONAL PUBLICATIONS & PRESS
- 2007Reporting on the California Supreme Court decision in Prachasaisoradej v. Ralphs Grocery Company, Inc.Los Angeles Daily Journal
- November 2002Class StrugglesLos Angeles Lawyer Magazine, Vol. 25, No. 8
- Summer 2000ADA Overview and Update: What Has the Supreme Court Done to Disability Law?
Co-author: Linda HeadleyThe Review of Litigation
ADDITIONAL PRESENTATIONS
- February 24, 2011Current Trends in Wage and Hour Litigation: The Defendant's Perspective
ERS Group, Inc., Santa Monica, CA - January 23, 2007Wage and Hour Update
12th Annual Conference on Employment Practices Liability Insurance - American Conference Institute, New York, NY