Leonid "Lonny" Zilberman is a partner in the firm's Employment Practice Group, where his practice focuses exclusively on counseling, training, and defending employers throughout California. Lonny works with companies to find practical, cost-effective solutions to their workforce problems, with the primary goal of avoiding lawsuits.

Lonny advises clients on a broad range of employment issues, such as complying with anti-discrimination and harassment laws, wage and hour compliance, and enforcement of agreements to protect trade secrets. Lonny also drafts and analyzes a variety of employment and independent contractor agreements; develops and implements personnel policies and procedures; provides advice on hiring, firing, and managing employees; conducts internal harassment, whistleblower, and misconduct investigations; conducts management training; and defends discrimination claims before state and federal administrative agencies.

Lonny also has an active litigation practice, representing employers in breach of contract, wrongful termination, discrimination, retaliation, harassment, whistleblower, and non-compete actions. He practices in federal and state courts, in mediation and arbitration proceedings, and before state and federal agencies. Lonny has significant experience defending employers in wage and hour class action lawsuits and has represented companies in a variety of cases involving unfair competition, misappropriation of trade secrets, and public accommodation of disability discrimination claims.

Lonny is a frequent invited lecturer and trainer on many employment law topics, and is a faculty member at UCSD Extension's Leadership and Management Program. Lonny is currently a member of the Executive Committee of the State Bar of California's Labor & Employment Section, and sits on the Board of the San Diego Chamber Orchestra, for which he serves as Pro Bono Counsel. Lonny earned his law degree at Santa Clara University School of Law in 1995, where he was Order of the Barristers and a member of the Moot Court Board. He received his Bachelor of Arts degree in Political Science and International Relations from the University of California, Santa Barbara in 1990.

In 2007, Lonny was honored by San Diego Metropolitan magazine as one of San Diego’s Top 40 Under 40, recognizing his professional and civic accomplishments. In 2009, Lonny was named one of the Top 10 Labor and Employment Attorneys by the San Diego Daily Transcript.

Education

• Santa Clara University School of Law – J.D., 1995
  Order of the Barristers
  Moot Court Board, Co-Chair
• University of California, Santa Barbara – B.A., Political Science and International Relations, 1990

Professional and Community Affiliations

• State Bar of California - Labor Law and Employment Section,
  Member, Executive Committee
• State Bar of California – Conference of Delegates
• American Bar Association
  Labor, Employment and Litigation Section, Member
• San Diego County Bar Association
  Labor and Employment Section (Former Chair 2005-2006)
• Association of Southern California Defense Counsel

Publications

• "Expert Insights on Employment Law," San Diego Daily Transcript, April 29, 2009
• "Alternate Routes," Los Angeles Daily Journal, April 10, 2009
• "To the Victor Go the Toils," Los Angeles Daily Journal, January 23, 2009
• "Forging a Joint Effort," Los Angels Daily Journal, December 26, 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

Speaking Engagements

• 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)

Representative Matters

• 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.