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Diana J. Nobile

Partner

Diana joined McGillivary Steele Elkin LLP in the fall of 2009. Since that time, Diana has passionately represented clients nationwide in Fair Labor Standards Act (FLSA) and state wage and hour litigation. This has included multi-plaintiff class and collective actions, brought against both private and public sector

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Diana joined McGillivary Steele Elkin LLP in the fall of 2009. Since that time, Diana has passionately represented clients nationwide in Fair Labor Standards Act (FLSA) and state wage and hour litigation. This has included multi-plaintiff class and collective actions, brought against both private and public sector employers, and has recovered millions of dollars on behalf of her clients. For example, as lead counsel in two cases on behalf of uniformed members of the Los Angeles Fire Department, Diana recovered over $5 million in unpaid overtime and liquidated damages for her clients under the FLSA.

Diana has also successfully represented numerous federal sector unions in grievances brought to recover unpaid overtime and liquidated damages for bargaining unit members who were wrongly exempted from the FLSA, denied overtime pay for work performed before and after their tour of duty, and denied pay for work performed during uncompensated meal breaks. These cases have resulted in tens of millions of dollars in recovery for union members nationwide.

Additionally, Diana has successfully represented union officials who faced adverse employment actions for engaging in associational activities and speech on matters of public concern by challenging adverse actions under the First Amendment and state law. She has also successfully represented union members and officers in grievance arbitrations that led to their reinstatement and full backpay compensation after unlawful termination decisions.

Diana also provides advice and guidance to union officials regarding a wide-range of labor-management relations matters, including negotiation of collective bargaining agreements, processing of grievances, administrative appeals, unfair labor practice complaints, and analyzing the applicability of state and federal laws to bargaining unit members.

Her involvement in the Labor and Employment Law community continues to grow as she takes on new responsibilities and practice areas. For the last two years, she has served as the Union/Employee Co-Chair for the Social Medial Committee of the American Bar Association Section of Labor and Employment Law. In November 2020 she presented the employee/union perspective on a panel tilted “Innovative Strategies for Crafting State-of-the-Art Settlement Agreements” at the ABA 14th Annual Labor and Employment Law Conference. In February 2018, she spoke on a panel at the ABA’s Fair Labor Standard Legislation Committee’s Mid-Winter Meeting titled “New Developments in Pay Equity Law.” In November 2017, Diana moderated a panel at the ABA’s Labor and Employment Law Annual Section Conference titled “Class Arbitrability and Class Waiver: Where Are We Now, and Where Do We Go from Here?” She spoke at the Wonder Woman Tech Conference educating female tech professionals in 2018, about their rights to fair and equal pay in a presentation called “Wonder Women Who Know Their Rights About Fair and Equal Pay Fly Higher.” Consistent with her commitment to workplace equity, Diana is an active member in the Legal Network for Gender Equity and the TIME’S UP Legal Defense Fund, and will continue working to guarantee a safe and fair workplace for women.

Prior to joining the firm, Diana graduated cum laude from the Catholic University of America, Columbus School of Law, where she served as the Lead Articles Editor of the Catholic University Law Review. She set her sights on a career where she could make an impact in her clients’ everyday lives and consistent with that goal, immediately following law school, Diana began her career with the Firm and discovered her passion for representing workers, unions, and their members.

Education

  • The Catholic University of America, Columbus School of Law (J.D. cum laude 2009)

  • Lead Article Editor, Catholic University Law Review (Volume 58)

  • Villanova University (B.A. English 2005)

Professional Memberships

  • American Bar Association

  • Union Lawyer’s Alliance, AFL-CIO

Legal Representation for All Workers

When McGillivary Steele Elkin LLP decides to take your case, it is because we believe there is an unacceptable workplace violation that has negatively impacted you or resulted in your employer paying less than what the law requires and which we have a reasonable chance of remedying. We recognize that meritorious claims should not go unremedied because of the level of a person’s resources.

To ensure accessible and available legal representation for all our clients, MSE handles cases through different forms of fee arrangements, including contingency fees, hourly fees and fixed fees.