Lonny M. Zilberman

Partner

Overview Memberships Honors and Recognition Representative Matters Speeches & Publications

Overview

Lonny Zilberman has been practicing employment law for over 28 years and is a partner in the firm’s Employment Law Practice Group. Lonny works with employers to find practical, cost-effective strategies to their workplace problems. Lonny is an expert storyteller. Every organization has a story to tell: the value created for customers; the contributions made to communities; the opportunities created for employees. If an employer is not telling their story well, then an adversary will tell a different story. Old litigation strategies employed by many attorneys no longer plot a predictable path forward. Lonny has expertise in understanding how to best position his clients to limit liability and obtaining better outcomes in employment matters.

Lonny does not apply a cookie-cutter approach and his ultimate goal is to keep clients out of courtrooms. Lonny looks at each matter individually, creating road maps – rooted in strategic and creative insight that enable clients to best achieve their desired result. Lonny’s philosophy is to try to advise people to do what they really want to do. This usually leads to a common-sense approach to problem solving, taking into account business realities. He has broad experience resolving potentially explosive employment law issues before they escalate or hit the news. Clients rely on Lonny’s creative strategies to solve complex employment matters, both in class actions and individual plaintiff claims. He advises clients on a broad range of issues from hiring, managing employees and termination; drafting and analyzing employment and non-compete agreements; developing personnel policies; conducting internal sexual harassment, whistleblower and misconduct investigations; management trainings; and defending claims before administrative agencies.

Lonny has an active litigation practice, with cases in federal and state courts, in private mediation and arbitration proceedings, and before state administrative agencies. Lonny also practices in the area of alternative dispute resolution, specifically as a neutral mediator to facilitate parties to resolve their disputes in the area of employment law. As a mediator, Lonny is an expert in his ability to communicate and help each side understand how they are seen by the other. This approach is not just designed to have the parties consider jury appeal and legal risk in a courtroom, but also helps individuals appreciate each side’s perspective and the reasoning behind their settlement positions in the negotiation.

In 2021, recognizing his professional and civic accomplishments, Lonny was named to The San Diego Metropolitan Magazine’s Men of Influence in Law. Fourteen years earlier, in 2007, Lonny was named by the same publication to its annual list of “Top 40 under 40”. In 2009, 2011, 2012 and 2013, Lonny was honored as one of San Diego’s Top 10 Employment Lawyers by the San Diego Daily Transcript. Since 2010, Lonny was also recognized as a San Diego Super Lawyer, an honor bestowed on only the top 5% of attorneys, as selected by his peers. Lonny was selected for inclusion in The Best Lawyers in America (2020-2023). He also received Martindale-Hubbell’s highest peer rating (AV “Preeminent”) for legal ability and ethical standards for the last 14 years in a row. Lonny 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). Lonny is fluent in Russian.

Memberships

Pro Bono Mediator with California Department of Fair Employment and Housing (2017-present)
Board Member, San Diego Hillel (2014 – Present)
The Honorable William B. Enright Inn of Court (Barrister)
State Bar of California – Labor Law and Employment Section – Member, Executive Committee (2007-2012)
State Bar of California – Conference of Delegates (2005-2006)
American Bar Association – Labor, Employment and Litigation Section, Member
San Diego County Bar Association – Labor and Employment Section (Former Chair 2005-2006 & 2016-2017)
Association of Southern California Defense Counsel
Los Angeles County Bar Association Labor & Employment Section

Honors and Recognition

Named by San Diego Metro as one of San Diego’s Top Attorneys (2022)
Named by San Diego Metropolitan Magazine, 2021 Men of Influence
Included in The Best Lawyers in America for Litigation – Labor and Employment (2021 – 2024), Employment Law – Management (2022 – 2024)
“AV” Preeminent Rating from Martindale-Hubbell
Named by San Diego Daily Transcript – “Top 10 Attorneys” Employment Law (2009, 2011, 2012, 2013)
Named by San Diego Super Lawyers – Employment and Labor Attorneys (2010 – 2021, 2023-2024)
Named by San Diego Metropolitan Magazine, “Top 40 Under 40” (2007)

Media Mentions:

State Supreme Court Ruling Is Defeat For Employers, SDDT Article, July 2015
Employers Bear High FEHA Costs Burden. Calif. High Court, LAW360 Article, July 5, 2015
Minimum Wage Hike’s cost to Employers Weighed, San Diego Daily Transcript, July 29, 2014
Time Warner Ruling Limits Employer Commission Plan, Law360, July 24, 2014
5 Tips for Avoiding An EEOC Pregnancy Bias Lawsuit, Law360, May 16, 2014
San Diego Businesses Predict Minimum-Wage Impacts, San Diego Daily Transcript, April 25, 2014 Filner Accuser Speaks After $250K Settlement, San Diego Union Tribune, February 12, 2014 Western Medical Case Adds Harris Rule to Retaliation Fights, Law360, January 17, 2014
Minimum wage increase headlines new laws in 2014, San Diego Daily Transcript, November 19, 2013 OSHA Workplace Injury Rule Aims to Shame Companies Into Safety, Law360, November 13, 2013 Fired teacher sues San Diego diocese, San Diego Union Tribune, September 3, 2013
Would Filner last in corporate America, San Diego Union Tribune, July 24, 2013
Sexual Harassment Cases Bruising For Accusers, San Diego Union Tribune, July 20, 2013
Mayor Filner apology not legally damaging, San Diego Daily Transcript, July 11, 2013
California Pregnancy Bias Case Shows Employers Must Engage Workers, Law360, February 26, 2013

Representative Matters

Prevailed on appeal reversing trial court decision to deny motion to compel arbitration. In a unanimous opinion, California Court of Appeal held that the arbitration agreement was not substantively unconscionable, reversing trial court decision. (Spaulding v. Papa John’s USA)
Prevailed on appeal of summary judgment before the California Court of Appeals on claims for wrongful termination, national origin and racial harassment, discrimination and retaliation. WTK first prevailed on its motion to compel the case to arbitration. Next, WTK prevailed on its motion for summary judgment on the grounds that the Plaintiff did not raise a triable issue of fact that he was either wrongfully terminated, harassed or discriminated against. Summary judgment was confirmed by the Los Angeles County Superior Court, and the appeal followed. The California Court of Appeal affirmed the judgment in full. (Machuca v. Nationwide Legal LLC)
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.

Speeches & Publications

“Identifying underutilized ways of steering high-conflict individuals to a mutually beneficial resolution: The hallmark of true justice” Los Angeles/San Francisco Daily Journal, May 1, 2024
“Lessons learned when a termination goes sideways” Los Angeles/San Francisco Daily Journal, December 18, 2023
“Will AI mediators soon replace humans? The simple answer is no” Los Angeles/San Francisco Daily Journal, November 10, 2023
“Transforming the workplace begins with lawyers” Los Angeles/San Francisco Daily Journal, June 8, 2023
“It’s no surprise Florida’s anti-woke law violates free speech” Los Angeles/San Francisco Daily Journal, October 23, 2022
“It’s past time we recognize and root out ‘Bro Culture’ in the workplace” Los Angeles/San Francisco Daily Journal, May 9, 2022
“Nudging towards a harassment-free workplace” Los Angeles/San Francisco Daily Journal, February 2, 2022
“30 years after Anita Hill’s testimony, how can employers finally address the problem?” Los Angeles/San Francisco Daily Journal, October 29, 2021
“Tesla verdict provides a simple lesson the hard way” Los Angeles/San Francisco Daily Journal, October 23, 2021
“Should we ‘flip the system’ from litigation to mediation first?” Los Angeles/San Francisco Daily Journal, May 7, 2021
“More settlement, mediation could be COVID-19’s legal silver lining,” Los Angeles/San Francisco Daily Journal, May 27, 2020
“The Need to Speak Up to Harassment and the Importance of Mentorship,” Los Angeles/San Francisco Daily Journal, May 23, 2019
Speaker, 2018 SDEA Annual Employment Law Update (January, 2019)
Speaker, Crystal Ball Predictions for Employment Law From the Trump Administration – SHRM Seminar (February 2017)
“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 Angles 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
Speaker, “Lessons Learned From General Petraeus,” SDEA Employment Roundtable (June, 2013) Speaker, “Pitfalls in Exempt Classifications,” SDEA Employment Roundtable (April, 2013)
Speaker, “Blueprint for a Bully-Free Workplace,” ACCA Employment Roundtable (March, 2013)
Speaker, 2013 SDEA Annual Employment Law Update (January, 2013)
Speaker, “Wage and Hour Litigation 101,” California State Bar Annual Meeting (October, 2012)
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)