Overview

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 & 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 and Litigation sections

Los Angeles County Bar Association

Member

Labor Law and Litigation sections

American Bar Association

Member, Board of Directors

Regis House

Recognition

Named, The Best Lawyers in America©

2007-2019

News, Analysis & Press

Reporting on the California Supreme Court decision in Prachasaisoradej v. Ralphs Grocery Company, Inc.

Los Angeles Daily Journal

2007

Class Struggles

Los Angeles Lawyer Magazine, Vol. 25, No. 8

November 2002

ADA Overview and Update: What Has the Supreme Court Done to Disability Law?

The Review of Litigation

Summer 2000

Speaking Engagements

Mastering the Exasperating: Navigating California’s Leave of Absence Laws

Los Angeles, CALos Angeles, CA

April 23, 2013
Getting it Right in the Golden State - Practical Thoughts for Complying with California's New Pregnancy Disability Leave and Disability Discrimination Regulations

March 14, 2013

Brinker: The Wait Is Over

2012 Mid-Year Legal Update - Professionals in Human Resources Administration (PIHRA), Los Angeles, CA

June 20, 2012

Brinker: The Wait Is Over

2012 Mid-Year Legal Update - Professionals in Human Resources Administration (PIHRA), Riverside, CA

June 14, 2012

Brinker: The Wait Is Over

2012 Mid-Year Legal Update - Professionals in Human Resources Administration (PIHRA), Woodland Hills, CA

June 7, 2012

The ADA in Real Life

The 2012 Executive Employer® Conference

Littler Mendelson, Scottsdale, AZ

May 11, 2012

Class Action Mediation and Settlements: The Insiders’ Views

The 2012 Executive Employer® Conference

Littler Mendelson, Scottsdale, AZ

May 10, 2012

Beyond 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

May 3, 2012

Current Trends in Wage and Hour Litigation: The Defendant's Perspective

ERS Group, Inc., Santa Monica, CA

February 24, 2011

Wage and Hour Update

12th Annual Conference on Employment Practices Liability Insurance - American Conference Institute, New York, NY

January 23, 2007

Education

  • J.D., University of California, Los Angeles School of Law, 1976
  • B.A., University of California, Santa Barbara, 1973

Bar Admission

California

Courts

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