Diane is a senior partner in Hanson’s Labor and Employment Section. Her practice concentrates exclusively on representing employers mainly in the senior living and public transit industries. Diane has expertise 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 Diane 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 Section’s Class Action Practice Group, Diane has developed an expertise 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 expertise 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. Diane’s 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 also 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. Diane also donates her time to the Swords to Plowshares’ Pro Bono Legal Services Program.

Bar Admissions

• California
• 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

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

Professional Associations

• 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

• California's New Supplemental COVID-19 Paid Sick Leave Law

  By Diane Marie O'Malley |September 2020

Additional Articles"U.S. Supreme Court Finds That Individual PAGA Claims Can Be Compelled To Arbitration," Labor & Employment Law Alert (June 2022)
"U.S. Supreme Court Permits Mandatory COVID-19 Vaccination Program To Proceed Without Religious Exemption, But EEOC Continues the Exemption In Latest Guidance," Labor & Employment Law Alert (November 2021)
"CA Supreme Court Ruling on Meal and Rest Premium Pay Will Force Employers to Take Action," Labor & Employment Law Alert (July 2021)
"Third Time's A Charm: Cal/OSHA Standards Board Passes Revisions To Its COVID-19 Emergency Temporary Standard After Two Aborted Attempts," Labor & Employment Law Alert (June 2021)
"Important Update to the COVID-19 Emergency Temporary Standards," Labor & Employment Law Alert (June 2021)
"Cal/OSHA Passes Revisions to its COVID-19 Emergency Temporary Standards," Labor & Employment Law Alert (June 2021)
"EEOC Issues May 28 Updated FAQs For Employer COVID-19 Vaccination Programs," Labor & Employment Law Alert (June 2021)
San Francisco Court Declines to Halt Enforcement of Cal/OSHA Emergency Temporary Standard Regulations, Labor & Employment Law Alert (February 2021)
"Equal Employment Opportunity Commission Issues Updated Guidance for Employer COVID-19 Vaccination Programs," co-author, Labor & Employment Law Alert (December 2020)
"Cal/OSHA Issues FAQ Guidance Regarding Its COVID-19 Emergency Temporary Standard," co-author, Labor & Employment Law Alert (December 2020)
"California's Occupational Safety and Health Standards Board Passes an Extensive COVID-19 Emergency Regulation Regarding The Spread Of COVID-19 In Workplaces," co-author, Labor & Employment Law Alert (November 2020)
"New California Employment Laws for 2021," co-author, Labor & Employment Law Alert (October 2020)
"New Bill Expands Cal/OSHA Enforcement Rules Over COVID-19 Related Illnesses For All Employers," co-author, Labor & Employment Law Alert (September 2020)
"California's New Supplemental COVID-19 Paid Sick Leave Law," co-author, Labor & Employment Law Alert (September 2020)
"New York Federal District Judge Rejects Key Aspects of the Families First Coronavirus Response Act (FFCRA)," co-author, Labor & Employment Law Alert (August 2020)
"Business Realities in the Age of COVID-19," co-author, Seniors Housing Business (June 2020)
"First Group of COVID-19 Cases Filed in California Federal and State Courts Includes Class and Individual Claims Brought On A Variety of Grounds," Labor & Employment Law Alert (June 2020)
"Employers Need to Check for Local COVID-19 Emergency Paid Sick Leave Ordinances," co-author, Labor & Employment Law Alert (April 2020)
"Protecting Employees on the Front Lines: Interim Cal/OSHA Guidance for Skilled Nursing and Long-Term Care Facilities," co-author, Labor & Employment + Senior Housing and Care Law Alert (April 2020)
"The CARES Act Increases Unemployment Compensation Coverage and the DOL Clarifies Exemptions to the FFCRA," co-author, Labor & Employment Law Alert (March 2020)
"What The California Supreme Court’s Kim v. Reins International California, Inc. Decision Tells Us About Settling PAGA Claims," co-author, Labor & Employment Alert (March 2020)
"New California Employment Laws for 2020," Labor & Employment Alert (November 2019)
"Will a New ‘Gig Worker’ Law Drive Contractors to Extinction?," Mcknight's Long-Term Care News (November 2019)
"Uber, Lyft, and DoorDash Attempt a U-Turn on AB 5 via New Ballot Initiative," Labor & Employment Alert (November 2019)
"Successor Employers Acquiring Unionized Workforces Benefit From NLRB Decision," co-author, Labor & Employment Law Alert (April 2019)
"California Court Rules That 'Reporting Time Pay' Owed Even If Employees Are Not Required to Physically Report To Work," Labor & Employment Alert (February 2019)
"Employers Win This Round: CA Court of Appeal Upholds Employer's Rounding Policy," co-author, Employment Class Action Alert (June 2018)
"Good News For Employers: In the Aftermath of the SCOTUS Class Action Waiver Case, A Los Angeles County Superior Court Dismisses Class Claims and Orders Claims Brought Individually in Arbitration," Employment Class Action Law Alert (June 2018)
"Revisiting Alvarado: 'Work Week v. Pay Period' Question Remains," HB Briefly (June 2018)
"Social Media: Connections with Residents and Employees - Issues and Concerns," co-author, LeadingAge California Engage Magazine (May 2018)
"U.S. Supreme Court Holds That Class Action Waivers Do Not Violate The NLRA," Employee Class Actions Law Alert (May 2018)
"Alvarado v. Dart Container Corporation Clarifies Overtime Calculation When Employees Earn Flat Sum Bonuses," Labor & Employment Law Alert (March 2018)
“Year 2017 Employment Law Developments for CALA Members,” California Assisted Living Association Newsletter (November 2017)
"How Can Employers Let The Air Out Of Ballooning Whistleblower Claims," USLAW Magazine Fall/Winter Issue (September 2017)
"Court Affirms That Healthcare Employees Working 12+ Hour Shifts Can Waive One of Their Two Meal Periods," co-author, Labor & Employment Law Alert (March 2017)
"California Supreme Court Confirms that Labor Code Section 226.7 and IWC Wage Order No. 4 Prohibits On-Duty and On-Call Rest Periods," co-author, Labor & Employment Law Alert (December 2016)
"The New SB 1234 – A State-Run Retirement Program for Private Sector Employees: The California Secure Choice Retirement Savings Program," co-author, CALA Update (December 2016)
"Reminder: Minimum Wage Increases Effective January 1, 2017," co-author, Labor & Employment Alert (November 2016)
"Palo Alto, Los Altos, and San Mateo Raise Minimum Wage," Labor & Employment Law Alert (September 2016)
"City of Berkeley Passes New Paid Sick Leave and Minimum Wage Ordinance," co-author, Labor & Employment Law Alert (September 2016)
"San Diego’s City Council Approves The Voter Passed Minimum Wage And Paid Sick Leave Ordinance… With A Few Important Modifications," co-author, Labor & Employment Law Alert (July 2016)
"Los Angeles and San Diego Join The Fray With New And Expanded Sick Leave and Minimum Wage Laws," co-author, Labor & Employment Law Alert (June 2016)
"Employers Doing Business in the Cities of Los Angeles and San Diego Must Address New, Expanded Sick Leave and Minimum Wage Laws," co-author, CALA Legal Update (June 2016)
“Employer Wellness Programs Face Challenges,” The National Law Journal (April 2016)
"SB 358: California Employers Face Tough Equal Pay Law in 2016," co-author, Labor & Employment Law Alert (October 2015)
"SB 327 Renders Gerard v. Orange Coast Medical Center Moot," co-author, Labor & Employment Law Alert (October 2015)
"National Labor Relations Board Expands Joint Employer Standard: A Synopsis of the Ruling and Implications for Senior Living," ASHA Legal Notes (September 2015)
"What Senior Living Employers Should Know About Department of Labor Audits," California Assisted Living Association News & Views Newsletter (February 2015)
"Mendiola v. CPS Security Solutions Holding that Sleep Time is Compensable Time - Does the Ruling Apply to Senior Living Providers?" California Assisted Living Association News & Views Newsletter (January 2015)
"Ensuring Compliance With Criminal Background Checks," co-author, American Seniors Housing Association Special Interest Brief (July 2014)
“Unpaid Internships,” California Assisted Living Association News & Views Newsletter (January 2014)
“Significant Cases and Laws for California Employers in 2014,” California Assisted Living Association News & Views Newsletter (December 2013)
"New California Labor/Employment Legislation for 2012," California Assisted Living Association 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 (March 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 (February 2007)
"Employers Must Pay for Employee 'Donning and Doffing' and More...," Employment Law Bulletin (January 2006)
"Minimum Wage Increase For Employers With San Francisco Employees Effective February 23, 2004," Employment Law Bulletin (February 2004)
"California Employment Legislation 2004," Employment Law Bulletin (January 2004)

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