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Diane Marie O'Malley

Diane Marie O'Malley

(415) 995-5045


Diane is a senior partner in the Labor and Employment Section. Her practice concentrates exclusively on representing employers mainly in the senior living and public transit industries. Diane has extensive experience in every aspect of the employment relationship and counsels clients on the liabilities that could arise from that relationship. Some of the areas in which she has experience in federal, state and agency forums include wrongful termination, discrimination, background checks, battery, misrepresentation, retaliation, negligent hiring, harassment, privacy, and wage disputes. She also drafts policies and procedures to protect her clients from legal exposure.

As Co-Chair of the Class Action Practice Group, Diane has developed skillfulness in state and federal courts and before the California Labor Commissioner and U.S. Department of Labor in wage-and-hour claims, including overtime, off-the-clock, meal and rest breaks, bonus calculations, business expense reimbursements, wage statement and audits.

For clients with unionized work forces, or for those clients facing union organizing campaigns, Diane brings significant knowledge in traditional labor law covering union organizing, negotiations, grievance and interest arbitrations and unfair labor practice claims.

Diane’s breadth of experience introduces both substantive and practical knowledge to each client engagement. Client advocacy impels all of Diane’s interactions and her singular purpose is to serve her clients’ best interests whether that requires avoiding civil litigation or resolving litigation in its early stages. She has litigated cases for her clients in state and federal courts and before administrative agencies garnering complete defense victories through summary judgment motions in state courts and dismissal motions in federal courts.

Annually, Diane writes articles and provides training and seminars regarding new legal developments in federal, state and local laws. She is a frequently invited speaker at the California Assisted Living Association and LeadingAge California conferences. She also provides supervisor and board training in areas such as discipline, terminations, performance management, harassment and union organizing.

Diane contributes her time to pro bono legal work programs. She is a former Hamilton Families board of director member, a San Francisco service provider to homeless families. She and other firm attorneys continue to assist Hamilton Families with pro bono legal services. She also donates her time to the Swords to Plowshares’ Pro Bono Legal Services Program.


J.D. St. John's University School of Law
M.A. State University of New York at Albany
B.A. Molloy College for Women

Admissions and Courts

New York
Supreme Court of the United States
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
U.S. District Court for the Central District of California
U.S. District Court for the Southern District of New York


Labor and Employment Class Action Practice Leader

Member, Advisory Board, The Center for Labor and Employment Law, St. John's University School of Law

Bar Association of San Francisco, Labor and Employment Section

Globalaw Labour Business Initiative

"Amazon Aims to Head Off Suit by New York Over Worker Issues," Wall Street Journal (February 2021)

"Coronavirus: Oregon posts workplace outbreaks weekly, California has no such plan," The Mercury News (November 2020)

"Working From Home? Here Are Answers to Questions About Taxes, Expenses and Lunch," San Francisco Chronicle (April 2020)

"Uber, Lyft Marshal Forces as Fight Heats Up Over California Law on Gig Workers," The Wall Street Journal (December 2019)

"California Hospital Workers Can Waive Required Meal Period," Healthcare Risk Management (June 2017)

"3 'Ban the Box' Mishaps Employers Should Steer Clear Of," Law360 (June 2017)

"Cities and counties need to prepare for new overtime rules," American City & County Magazine (June 2016)

Accredited Attorney with the U.S. Department of Veterans Affairs

San Francisco Boys Choir 2024 Honoree