California Employment Law Update
Tony Oncidi

Tony Oncidi

Partner

Anthony J. Oncidi heads the Labor & Employment Law Group in the Los Angeles office.

Tony represents employers and management in all aspects of labor relations and employment law, including litigation and preventive counseling, wage and hour matters, including class actions, wrongful termination, employee discipline, Title VII and the California Fair Employment and Housing Act, executive employment contract disputes, sexual harassment training and investigations, workplace violence, drug testing and privacy issues, Sarbanes-Oxley claims and employee raiding and trade secret protection. A substantial portion of Tony’s practice involves the defense of employers in large class actions, employment discrimination, harassment and wrongful termination litigation in state and federal court as well as arbitration proceedings, including FINRA matters.

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July 2017 California Employment Law Notes

We invite you to review our newly-posted July 2017 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include: California Supreme Court Resolves Day-Of-Rest Questions; Employer’s Attorney May Be Liable For Retaliation Under FLSA; Trial Court Abused Its Discretion In Refusing To Compel Employer To Produce Data … Continue Reading

Employee Is Not Entitled To Attorney’s Fees For Breach Of Contract Claim

Shames v. Utility Consumers’ Action Network, 2017 WL 2807920 (Cal. Ct. App. 2017) Michael Shames filed this lawsuit against the Utility Consumers’ Action Network (“UCAN”), alleging various causes of action stemming from the termination of his employment. Although his amended complaint alleged UCAN’s breach of contract for its failure to pay him multiple bonus payments, … Continue Reading

Mortgage Underwriters Are Not Exempt From FLSA Overtime Requirements

McKeen-Chaplin v. Provident Sav. Bank, 2017 WL 2855084 (9th Cir. 2017) Mortgage underwriters at Provident Savings Bank review mortgage loan applications using guidelines established by Provident and investors in the secondary mortgage loan market, including Fannie Mae, Freddie Mac and the FHA. In this lawsuit for unpaid overtime arising under the federal Fair Labor Standards … Continue Reading

Foreign National Who Worked For Travel Tour Company Was An Employee, Not An Intern Or Exempt Manager

Kao v. Joy Holiday, 2017 WL 2590653 (Cal. Ct. App. 2017) Ming-Hsiang Kao was employed by Joy Holiday (a travel tour company) initially performing IT-related duties and then eventually as its office manager. While he was still in Taiwan, Kao worked with Jessy Lin (one of the owners of Joy Holiday) as a tour organizer. … Continue Reading

Trial Court Erred By Failing To Certify Class Action For Unpaid Rest Periods

Bartoni v. American Med. Response W., 11 Cal. App. 5th 1084 (2017) Current and former employees of an ambulance service company sued their employer for unpaid meal and rest periods. The complaint alleges claims on behalf of a putative class as well as non-class claims under the Private Attorneys General Act of 2004 (“PAGA”). The … Continue Reading

Punitive Damages Claim Against Employer Is Dismissed Absent Action By “Managing Agent”

CRST, Inc. v. Superior Court, 11 Cal. App. 5th 1255 (2017) Hector Contreras was employed as a truck driver by CRST when the truck he was driving collided with the car of Matthew and Michael Lennig. In this writ proceeding, CRST sought summary adjudication of the Lennigs’ prayer for punitive damages. The Court of Appeal … Continue Reading

Attorney Work Product Belongs To Law Firm, Not Former Attorney Employee

Tucker Ellis LLP v. Superior Court, 2017 WL 2665188 (Cal. Ct. App. 2017) Evan C. Nelson, who is a California attorney specializing in asbestos defense, was employed as a trial attorney by Tucker Ellis in the firm’s Mass Tort & Product Liability Practice Group. The firm promoted Ellis to the position of “non-capital partner” approximately … Continue Reading

Trial Court Abused Its Discretion In Refusing To Compel Employer To Produce Data Sought By EEOC

EEOC v. McLane Co., 857 F.3d 813 (9th Cir. 2017) Damiana Ochoa filed a charge with the EEOC alleging sex discrimination (based on pregnancy) in violation of Title VII, when, after she tried to return to her job following maternity leave, her employer (McLane Co.) informed her that she could not come back to the … Continue Reading

Employer’s Attorney May Be Liable For Retaliation Under FLSA

Arias v. Raimondo, 2017 WL 2676771 (9th Cir. 2017) José Arnulfo Arias worked as a milker for Angelo Dairy. The dairy did not complete and file a Form I-9 when it hired Arias. According to the appellate court, “[i]nstead of complying with federal law, the Angelos wielded it as a weapon to confine Arias in … Continue Reading

San Francisco to Bar Employers from Seeking Disclosure of Salary History

San Francisco has become the latest jurisdiction to pass a law restricting employers from inquiring about prior salary history during the hiring process.  The ordinance, which will go into effect on July 1, 2018, will restrict employers from: (i) considering or relying on an applicant’s salary history as a factor in determining whether to make … Continue Reading

California Employee Required to Challenge Non-Compete Clause in Indiana

Despite California’s prohibition against non-compete agreements, a federal court in the Eastern District of California recently ruled that a California resident may be subject to the non-compete covenant in his employment agreement due to a provision in the agreement identifying Indiana as the parties’ choice of forum and that state’s law as the parties’ choice … Continue Reading

New Notice Requirement For Domestic Violence Victims’ Rights To Go Into Effect (July 1, 2017)

As we previously blogged, Assembly Bill 2337 (approved by the Governor last fall) will go into effect on July 1, 2017, and California employers will be required to give written notice of workplace rights that must be provided to victims of domestic violence, sexual assault, and stalking. The Labor Commissioner has just posted a form … Continue Reading

New Transgender Identity and Expression Regulations (July 1, 2017)

In May 2017, the California Department of Fair Employment and Housing (DFEH) approved new regulations regarding transgender identity and expression in the workplace. The regulations become effective July 1, 2017. The new rules further expand the Fair Employment and Housing Act’s (FEHA) role in preventing discrimination in employment and housing on the basis of gender … Continue Reading

DFEH Releases Guidelines On Preventing and Correcting Harassment

Last month the Department of Fair Employment and Housing (DFEH) announced the release of a new guide for California employers on the steps they should take to prevent and correct workplace harassment. The nine page document provides employers with a helpful FAQ-style guide to maintaining an effective anti-harassment program, appropriately responding to employee complaints, and … Continue Reading

Handful of State “Job Killer” Bills Move On to Second House

According to reporting from the California Chamber of Commerce, several recently introduced bills have passed the California State Senate or Assembly and now move on to a vote in the second house. These bills include: Assembly Bill 1209 – requires California employers with more than 250 employees to collect data on the mean and median … Continue Reading

San Francisco Issues Guidance for the Application of the City’s Paid Parental Leave Ordinance

The City of San Francisco recently published new FAQs addressing provisions of its Paid Parental Leave Ordinance (the “Ordinance”).  The Ordinance, which went into effect on January 1, 2017 for employers with 50 or more employees, will begin to apply to employers with 35 or more and 20 or more employees on July 1, 2017 … Continue Reading

California Labor Commissioner Issues New Guidance on Paid Sick Leave

The California Labor Commissioner’s Office recently issued new guidance regarding the application and administration of the state’s paid sick leave law.  The new guidance addresses the interplay between the law and grandfathered employer part time off (“PTO”) plans, as well as the interaction between employers’ disciplinary policies on employees’ use of paid sick leave. Grandfathered PTO … Continue Reading

May 2017 California Employment Law Notes

We invite you to review our newly-posted May 2017 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include: Employee Who Suffered From “Altered Mental State” Need Not Be Allowed To Rescind Her Resignation; Garbage Truck Employee Who Failed To Provide Proof Of Right To … Continue Reading

Chapter 11 Automatic Stay Applies To PAGA Claims

Porter v. Nabors Drilling USA, LP, 2017 WL 1404392 (9th Cir. 2017) Jeremy Porter, a former employee of Nabors Drilling, filed a complaint alleging various claims against Nabors, including a claim arising under the Private Attorney General Act (“PAGA”). After removing the action to federal court, Nabors moved to compel arbitration of all of Porter’s … Continue Reading

Piece-Work-Based Pay Plan Violates FLSA

Brunozzi v. Cable Commc’ns, Inc., 851 F.3d 990 (9th Cir. 2017) Matteo Brunozzi and Casey McCormick worked as technicians for CCI installing cable television and internet services. They alleged that CCI’s compensation plan violates the overtime provisions of the Fair Labor Standards Act (“FLSA”) because the “production bonus” paid by CCI is designed to decrease … Continue Reading

Health Care Employees Can Waive Their Second Meal Period

Gerard v. Orange Coast Mem. Med. Ctr., 9 Cal. App. 5th 1204 (2017) In this putative class/Private Attorney General Act (“PAGA”) action, Jazmina Gerard (and others) challenged a hospital policy that allowed health care employees who worked shifts longer than 10 hours to voluntarily waive one of their two meal periods, even if their shifts … Continue Reading

Employee Was Properly Awarded $31,000 In Attorney’s Fees On $300 Unpaid Wage Claim

Beck v. Stratton, 9 Cal. App. 5th 483 (2017) Anthony Stratton filed a claim against Thomas Beck with the labor commissioner for unpaid wages in the amount of $303.55. After conducting an administrative hearing, the labor commissioner awarded Stratton $303.50 plus an additional $5,757.46 in liquidated damages, interest and statutory penalties for a total award … Continue Reading

Safeway/Vons Assistant Managers Were Properly Classified As Exempt From Overtime

Batze v. Safeway, Inc., 10 Cal. App. 5th 440 (2017) Gary Batze, et al., brought this lawsuit against their employer Safeway/Vons for failure to pay overtime wages. The employees alleged that they worked non-managerial tasks that rendered them non-exempt employees. After weeks of trial testimony, the trial court determined that the employees were engaged for … Continue Reading
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