Diane Marie O'Malley

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.