Diane L. Kimberlin has represented both private companies and public entities in many facets of labor and employment law, including:
- Wage and hour class actions
- Leaves of absence and the duty to accommodate disabled individuals
- Defense of wrongful discharge actions
- Claims of sexual harassment
- Employment discrimination and retaliation claims
- Collective bargaining negotiations
- Labor arbitrations
In recent years Diane has devoted a significant part of her practice to the defense of retail and service sector employers faced with wage and hour class action claims. She has a record of success in defeating class certification and of securing favorable settlements when clients wish to dispose of claims with certainty. 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 and federal wage and hour laws
Diane provides clients with practical advice to help them navigate the tangle of state and federal laws governing leaves of absence and the duty to accommodate individuals with disabilities. She guides clients through the process of discipline and termination decisions, the investigation of workplace harassment and other misconduct claims, and helps them to arrive at sound decisions that meet business needs and show compliance with their legal duties as employers.
Over the course of her career, Diane has worked with a broad range of clients, including those in the following industries:
- Retailers, including those in the grocery industry
- Hospitals
- Manufacturing
- Waste disposal and recycling
- Finance
- Entertainment
- Cities – in negotiations with public safety employees
- Public schools
Before joining Littler in 1985, Diane was an associate at a Los Angeles firm representing labor unions with an emphasis on the retail grocery industry and motion picture production unions and guilds.
PROFESSIONAL AND COMMUNITY AFFILIATIONS
- Member, Board of Directors, Center for Civic Mediation - Los Angeles County Bar Association
- 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, The Best Lawyers in America, 2007-2013
PUBLICATIONS AND PRESS
- February 12, 2013Littler Insight
- November 21, 2012Littler Insight
- September 7, 2012Littler Press Release
- February 10, 2012Littler ASAP
- September 12, 2011Littler Press Release
- August 9, 2010Littler Press Release
- August 14, 2009Littler Press Release
- October 31, 2008Littler Press Release
- September 7, 2007Los Angeles Daily Journal
- August 29, 2007Littler ASAP
- 2007Reporting on the California Supreme Court decision in Prachasaisoradej v. Ralphs Grocery Company, Inc.Los Angeles Daily Journal
- November 28, 2005San Diego Business 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
BLOG ENTRIES
- Wage & Hour Counsel, January 30, 2012
SPEAKING ENGAGEMENTS
- April 23, 2013Mastering the Exasperating: Navigating California’s Leave of Absence Laws
Littler Mendelson, Los Angeles, CA - March 14, 2013
- June 20, 2012Brinker: The Wait Is Over
2012 Mid-Year Legal Update - Professionals in Human Resources Administration (PIHRA), Los Angeles, CA - June 14, 2012Brinker: The Wait Is Over
2012 Mid-Year Legal Update - Professionals in Human Resources Administration (PIHRA), Riverside, CA - June 7, 2012Brinker: The Wait Is Over
2012 Mid-Year Legal Update - Professionals in Human Resources Administration (PIHRA), Woodland Hills, CA - May 11, 2012ADA in Real Life - An interactive presentation exploring the duty to accommodate disabled workers
The 2012 Executive Employer® Conference, Littler Mendelson, Scottsdale, AZ - May 11, 2012The ADA in Real Life
The 2012 Executive Employer® Conference, Littler Mendelson, Scottsdale, AZ - May 10, 2012Class Action Mediation & Settlements – The Insiders View
The 2012 Executive Employer® Conference, Littler Mendelson, Scottsdale, AZ - May 10, 2012Class Action Mediation and Settlements: The Insiders’ Views
The 2012 Executive Employer® Conference, Littler Mendelson, Scottsdale, AZ - May 3, 2012Beyond Brinker – Give Me A Break!!!: Meal Periods, Rest Breaks, The Rolling Five and The Future of Wage and Hour Class Action Litigation
Luncheon Program, Labor & Employment Law and Business Law Sections - Beverly Hills Bar Association - 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