Leonid “Lonny” Zilberman is a partner in the firm's Employment Law Practice Group. Mr. Zilberman works with companies to find practical, cost-effective strategies to their workforce problems. He routinely advises clients on a broad range of employment issues, such as complying with employment laws (including Title VII, ADA, ADEA, FMLA, and WARN); drafting and analyzing employment and non-compete agreements; developing and implementing personnel policies and procedures; hiring, firing and managing employees; conducting internal sexual harassment, whistleblower and misconduct investigations; conducting "best practices" audits and management trainings; handling DOL investigations; and defending discrimination claims before the EEOC, DFEH and other state administrative agencies.
Mr. Zilberman has an active litigation practice, representing employers in breach of contract, wrongful termination, discrimination, retaliation, harassment, whistleblower, and non-compete actions, as well as wage and hour class actions. He practices regularly in federal and state courts, in private mediation and arbitration proceedings, and before the EEOC and equivalent state administrative agencies.
Mr. Zilberman sits on the Board of Directors of the San Diego Chamber Orchestra and the Executive Committee of the State Bar’s Labor & Employment Section. In 2007, Mr. Zilberman was named by the San Diego Metropolitan Magazine to its annual list of “Top 40 under 40”, recognizing his professional and civic accomplishments. In 2009, 2011 and 2012 Mr. Zilberman was honored as one of San Diego’s Top 10 Employment Lawyers by the San Diego Daily Transcript. Since 2010, Mr. Zilberman was also recognized as a San Diego Super Lawyer, an honor bestowed on only the top 5% of attorneys in the state, as selected by his peers. Mr. Zilberman earned his J.D. degree at Santa Clara University School of Law (1995) where he was Order of the Barristers. He received his B.A. degree, in political science and international relations from the University of California, Santa Barbara (1990). Mr. Zilberman is fluent in Russian.
- “Retaliation by Association,” Los Angeles Daily Journal, January 31, 2011
- “Lowering California’s Unemployment Rate – An Open Letter To Gov. Jerry Brown,”Los Angeles Daily Journal, December 28, 2010
- “Resignation of Mark Hurd: Lessons to Learn,” Los Angeles Daily Journal, August 23, 2010
- “Watch What You Say: Discriminatory Comments in the Workplace,“ Los Angeles Daily Journal, August 10, 2010
- “The Days of ‘Big Scores’ for Fees Are Over,” Los Angeles Daily Journal, March 12, 2010
- “How Small Businesses Can Stay Out of Trouble,” Los Angeles Daily Journal, February 10, 2010
- “Good and Bad News for Employers,” Los Angeles Daily Journal, December 9, 2009
- “Tough on Age,” Los Angeles Daily Journal, September 23, 2009
- “Expert Insights on Employment Law," San Diego Daily Transcript, April 29, 2009
- "Alternate Routes," Los Angeles Daily Journal, April 10, 2009
- "Forging a Joint Effort," Los Angeles Daily Journal, January 23, 2009
- "To the Victor Go the Toils,” Los Angels Daily Journal, December 26, 2008
- “Unlucky VII for Workers?” Los Angles Daily Journal, October 10, 2008
- “Bringing the ‘Change’ to Employment Law,” Los Angeles Daily Journal, September 12, 2008
- "Crushing the Non-Competition," The Recorder, August 13, 2008
- "Bossing Employers Around," Los Angeles Daily Journal, May 9, 2008
- "Background Checks and Balances," Los Angeles Daily Journal, February 29, 2008
- "Preventing Sexual Harassment," Los Angeles Daily Journal, December 28, 2007
- "Workplace Class Actions Slow in California," Los Angeles Daily Journal, November 30, 2007
- "Proving Disability Claims," Los Angeles Daily Journal, October 5, 2007
- “'Me Too' Evidence," Los Angeles Daily Journal, August 17, 2007
- "Trend Reversal: Disabled Workers Are No Longer Immune From Discipline," Los Angeles Daily Journal, July 20, 2007
- "Sometimes Employers' Simply Wage Questions Have No Easy Answers," The Daily Transcript, April 30, 2007
- "Making Mileage," San Francisco/Los Angeles Daily Journal, February 2, 2007
- "Three Areas Augur Spikes in Litigation," San Francisco/Los Angeles Daily Journal, December 15, 2006
- "Courts Give Employers Little Wiggle Room with Age Discrimination Laws," San Francisco/Los Angeles Daily Journal, November 3, 2006
- "High Court Signals Era of Harmony on Adverse Employment Actions," The Daily Transcript, July 12, 2006
- "Straight Outta Compton: California Courts Hold Police Officer Not Disabled Under ADA," San Francisco/Los Angeles Daily Journal, September 23, 1999
- "ESTOP GAP: The U.S. Supreme Court is about to determine whether a plaintiff is barred from proving an ADA claim because it conflicts with statements made in applications for disability benefits," Employment Law Supplement to San Francisco/Los Angeles Daily Journal, April 26, 1999
- "Are Supervisors Individually Liable Under FMLA," San Francisco/Los Angeles Daily Journal, May 4, 1998
- "Work Adjustment: Request for Reasonable Accommodation for Mental Illness," San Francisco/Los Angeles Daily Journal, December 11, 1997
- 2012 Annual Employment Law Update - National Human Resources Association (January 2012)
- Successful Mediation of the Employment Law Case - State Bar of California (October 2011)
- Speaker, “Avoiding Employment Litigation in 2011,” SDEA HR Roundtable (May 2011)
- Speaker, “How To Properly Investigate A Harassment Complaint,” SDEA HR Roundtable (March, 2011)
- Speaker, San Diego Employers Association Annual Employment Law Update, SDEA (January 2011)
- Speaker, SHRM LAW DAY – Misclassification of Employees/Contractors, San Diego (January 2011)
- Speaker, “City of Ontario v. Quon - Electronic Privacy in the Workplace ,“ State Bar of California (July 29, 2010)
- Speaker, “Working off the Clock?” ERI Audio Conference/Webinar (July, 2010)
- Speaker, “Top Ten Wage and Hour Mistakes” SDEA May HR Roundtable (May, 2010)
- Speaker, “ADA/FEHA Q&A: Bring Your Questions” ERI Audio Conference/Webinar (January, 2010) Speaker, “ADA & FMLA: How to Navigate the Intersection of Disability and Leave Laws Following Recent Legal Developments” BLR Audio Conference/Webinar (October, 2009)
- Speaker, “California and Federal Warn Acts: An Employer’s Duties When Preparing for Lay-Offs in Tough Economic Times,” Labor & Employment Section of the San Diego County Bar Association (May, 2009)
- San Diego Employers Association, "2009 Employment Law Update" (January, 2009)
- Speaker, San Diego Employers Association, "California Employee Classification Issues - Wage and Hour Hot Topics" (March, 2009)
- Moderator, Annual California State Bar Labor and Employment Conference, "Panel of Judges on Tips for Employment Lawyers."
- Speaker, Employer Resource Institute, "Terminations: Everything You Wanted to Know But Were Afraid to Ask" (June, 2008)
- Speaker, San Diego Employers Association, "2008 Employment Law Update" (January, 2008)
- Speaker, San Diego Employers Association, Employment Law Roundtable, "California Employee Exemption Issues and Other Wage and Hour Hot Topics" (March, 2007)
- Speaker, San Diego Employers Association, Employment Law Update, "Top Employer Mistakes of 2006" (January, 2007)
- Presenter, ACCA Labor & Employment Roundtable, "Workforce Reductions: How to Make the Best out of a Tough Situation" (December, 2006)
- Speaker, San Diego Employers Association, "Human Resources Survival Guide Seminar" (June, 2006)
- Speaker, The Society for Design Administration, "Employment Law Update 2006" (January, 2006)
- Speaker, Council on Education in Management, “Minimizing Litigation Risks When Disciplining and Terminating Employees” (April, 2005)
- Speaker, County Counsels' Association of California, “California’s Labor Code ‘Bounty Hunter Act’ and Its Application to Public Employees" (October, 2004)
- UCSD Leadership And Management Program, "History and Development of Employment Law in America" (2001 – 2006)
- Speaker, San Diego County Bar Association’s Labor & Employment Law Section, “New Enforcement Rules for California’s Labor Code” (September, 2004)
- San Diego Employers Association, “Investigating Sexual Harassment Claims" (May, 2004)
- San Diego Employers Association, “Wage & Hour Time-bombs" (March, 2003)
- International Beverage Dispensing Equipment Association, "The Seven Habits of Frequently Sued Managers" (April, 2002)
- National Human Resources Association, "Layoffs Without Lawsuits" (February, 2001)
- East County Personnel Association, "Top Ten Employment Law Changes You Need To Know For 2001" (January, 2001)
- San Diego Employers Association, "Conducting and Documenting Personnel Investigations" (October, 2000)
- Council on Education in Management, “Preventing Workplace Violence” (May, 2000)
- Council on Education in Management, "Strategies for Creating and Maintaining Employment Documents." (August, 1999)
- Defense of a class action on behalf of a national home mortgage company, challenging the exempt status
of loan officers throughout California. Case was heard in the Federal District Court of the Southern District of California.
- Defense of a putative
class action on behalf of an international manufacturing company, alleging numerous violations of California wage and hour
laws stemming from the implementation of a 4/10 alternative work week
schedule. Case was heard in San Diego County Superior Court.
- Defense
of a class action against a national home mortgage company, challenging the expense reimbursement of loan officers
throughout California. Case was heard in San Diego County Superior Court.
- Defense of a class action
against a major supermarket chain, challenging an employment application inquiry concerning applicants’
past drug use and alleging various Labor Code violations. Case was heard in San Diego County Superior Court.
- Defense of a defense contractor in a qui tam action under the federal False Claims Act alleging fraud by defense
contractors. Case was heard in the Federal District Court of the Southern District of California.
- Defense
of a wrongful employment termination claim against a major property management company, alleging sexual orientation
discrimination and harassment. Case was heard in San Diego County Superior Court.
- Defense
of a national origin, race discrimination and defamation claim against a Fortune 50 computer chip manufacturer, alleging
wrongful termination and retaliation. Case was heard in San Diego County Superior Court.
- Defense of a sexual harassment, gender discrimination and retaliation
claim based on wrongful termination, filed against a major national retailer. Case was heard in San Diego County Superior Court.
- Prosecution of
a trade secret dispute on behalf of a telecommunications manufacturing company, involving departing employees who took trade
secrets with them when they joined a competitor. Case was heard in San Diego County Superior Court.
- Defense of
an age and disability discrimination claim against a Fortune 50 computer chip manufacturer, based on the plaintiff’s
selection for lay off. Case was heard in San Diego County Superior Court.
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