Diane O'Malley

Diane Marie O'Malley

Partner

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Labor and Employment
Labor and Employment
San Francisco

Diane's practice concentrates exclusively on representing employers. Diane has expertise in traditional labor law covering union negotiations, grievance and interest arbitrations and unfair labor practice claims. She handles matters involving the Amalgamated Transit Union (ATU), the AFL-CIO Teamsters, the Service Employees International Union (SEIU), Peninsula Automotive Machinists and other labor organizations.

Diane also counsels private and public sector regarding discrimination, harassment, retaliation, contract and wage-and-hour claims. Her breadth of experience brings both substantive and practical knowledge to each client engagement. Diane's singular purpose is to serve her client's best interests whether that requires avoiding civil litigation, successfully resolving litigation in its early stages to avoid trial or drafting policies and procedures to protect her clients from legal exposure. Client advocacy impels all Diane's interactions with unions, opposing counsel and the court system. She has litigated cases for her clients in state and federal courts and before administrative agencies.

Diane is a frequent lecturer and speaker. Each year, Diane provides training and seminars regarding new legal developments in California law and San Francisco ordinances. She also provides mid- and upper-level supervisor training in areas such as discipline, terminations and performance. She is experienced at helping companies regarding union avoidance.

Diane contributes significant time to pro bono legal services in her community. She is a former member of the board of directors of the Hamilton Family Center, a service provider to San Francisco homeless families. She and other members of the firm continue to assist the center.

Publications

"New California Labor/Employment Legislation for 2012," CALA Legal Update (November 2011)

"New Proposed Rules by the National Labor Relations Board and U.S. Department Of Labor Significantly Limit Employers’ Opportunities to Communicate with Employees During Union Organizing Campaigns," American Senior Housing Association, Senior Housing Legal Notes (Summer 2011)

"Managing Employee Use of Social Media," co-author, California Assisted Living Association Bulletin, Legal Update (June 2010)

"California Labor and Employment Law Developments for 2010," co-author, Labor and Employment Law Update (2010)

"New Employment Law For 2010," California Assisted Living Association Bulletin, Legal Update (January 2010)

"How to Preempt and Effectively Counteract Union Organizing Activities," American Seniors Housing Association, Special Issue Brief (Winter 2009)

"Employment Law Roundtable," California Lawyer (January 2009)

"Special Employment Edition," California Assisted Living Association Bulletin, Legal Update (January 2009)

"California Laws and Cases Bring New Challenges to Employers in 2007," Employment Law Bulletin (2007)

"Employers Must Pay for Employee "Donning and Doffing" and More...," Employment Law Bulletin (2006)

"Minimum Wage Increase For Employers With San Francisco Employees Effective February 23, 2004," Employment Law Bulletin (2004)

"California Employment Legislation 2004," Employment Law Bulletin (2004)

See All Publications

Presentations

Union/Non-Union: What You Need to Know About Recent NLRB Activity, Aging Services of California (December 2011)

Achieving Exceptional Employee Performance in a Down Economy, California Assisted Living Association (June 2010)

Wage and Hour Class Action Lawsuits Against Assisted Living Communities, co-presenter, CALA Webinar (April 2010)

What to Expect from Union Organizing in 2009—Card Checks & More, CALA Spring Conference (June 2009)

Labor and Employment Law Update (March 2009)

California Lawyer Employment & Labor Law Roundtable (December 2008)

Vital Compliance Strategies for Managing Complex Employment Law Challenges Facing Public Sector Employers, Southern California Employment Law & HR Forum (November 2008)

"Public Sector Employment Law: Strategies for Managing Unique HR and Compliance Challenges Facing Government Entities," Northern California Employment Law & HR Forum (September 2008)

"Unionization: What's at Risk?," CALA Spring Conference (June 2008)

"Good Human Resource Management Can Prevent Unionization," co-presenter, Northern California CALA Seminar (March 2008)

"Good Human Resource Management Can Prevent Unionization," Southern California CALA Seminar (February 2008)

"Handling Employee Terminations," co-presenter, California Law Update (December 2007)

"Watch those Speedbumps! Quirky California laws often surprise lawyers involved in California-based transactions," American Bar Association (August 2007)

"What You Should be Doing Before a Union Attempts to Organize Your Workforce," co-presenter (May 2007)

"Parental Rights in the California Workplace," Employer Resource Institute (October 2006)

See All Presentations

Professional Affiliations

Bar Association of San Francisco, Labor and Employment Section

Education

J.D., St. John's University School of Law (1981)

M.A., State University of New York at Albany (1975)

B.A., Molloy College for Women (1974)

Admissions And Courts

California

New York

U.S. Supreme Court

U.S. Court of Appeals for the Ninth Circuit

U.S. Court of Appeals for the Third Circuit

U.S. Court of Appeals for the Second Circuit

U.S. District Court for the Northern District of California

U.S. District Court for the Eastern District of California

San Francisco

415-995-5045 Direct Phone
415-995-3459 Fax

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