Fashion 21 v. Coalition for Humane Immigrant Rights of Los Angeles, 117 Cal. App. 4th 1138 (2004)

Fashion 21, a nationwide retailer of women’s clothing, purchased garments from manufacturers and sewing contractors that allegedly exploited their employees by refusing to properly pay them or provide them with clean and safe facilities in which to work. The Coalition for Humane Immigrant Rights of Los Angeles (CHIRLA) attempted to negotiate a settlement with the company by which it would agree to accept responsibility for, and pay its proportionate share of, the allegedly unpaid wages of 19 garment workers. When the negotiations proved unsuccessful, CHIRLA called for a nationwide boycott of the company’s stores, picketed and issued press releases urging the public to contact the company and demand that it pay the workers the wages they were allegedly owed. In response, Fashion 21 filed a lawsuit against CHIRLA alleging defamation, interference with prospective business advantage, unfair business practices and nuisance. CHIRLA filed a motion to strike Fashion 21’s complaint as a SLAPP suit since Fashion 21’s claims arose from CHIRLA’s exercise of its first amendment right of free speech in connection with a public issue. The trial court denied CHIRLA’s motion, but the Court of Appeal reversed and held that Fashion 21 had failed to establish a reasonable probability of showing the falsity of CHIRLA’s statements regarding the company’s responsibility for the workers’ unpaid wages. The Court reasoned that pursuant to the Labor Commissioner’s interpretation of Labor Code § 2671, a retailer may, under certain circumstances, be liable for the unpaid wages of a manufacturer’s employees. Cf. Garment Workers Ctr. v. Superior Court, 117 Cal. App. 4th 1156 (2004) (CHIRLA should not have been ordered to comply with discovery requests before trial court determined if Fashion 21 had a reasonable probability of establishing libel).

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Photo of Tony Oncidi Tony Oncidi

Anthony J. Oncidi is the co-chair of the Labor & Employment Law Department and heads the West Coast Labor & Employment group in the firm’s Los Angeles office.

Tony represents employers and management in all aspects of labor relations and employment law, including…

Anthony J. Oncidi is the co-chair of the Labor & Employment Law Department and heads the West Coast Labor & Employment group in the firm’s 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.

Tony is recognized as a leading lawyer by such highly respected publications and organizations as the Los Angeles Daily JournalThe Hollywood Reporter, and Chambers USA, which gives him the highest possible rating (“Band 1”) for Labor & Employment.  According to Chambers USA, clients say Tony is “brilliant at what he does… He is even keeled, has a high emotional IQ, is a great legal writer and orator, and never gives up.” Other clients report:  “Tony has an outstanding reputation” and he is “smart, cost effective and appropriately aggressive.” Tony is hailed as “outstanding,” particularly for his “ability to merge top-shelf lawyerly advice with pragmatic business acumen.” He is highly respected in the industry, with other commentators lauding him as a “phenomenal strategist” and “one of the top employment litigators in the country.”

“Tony is the author of the treatise titled Employment Discrimination Depositions (Juris Pub’g 2020; www.jurispub.com), co-author of Proskauer on Privacy (PLI 2020), and, since 1990, has been a regular columnist for the official publication of the Labor and Employment Law Section of the State Bar of California and the Los Angeles Daily Journal.

Tony has been a featured guest on Fox 11 News and CBS News in Los Angeles. He has been interviewed and quoted by leading national media outlets such as The National Law JournalBloomberg News, The New York Times, and Newsweek and Time magazines. Tony is a frequent speaker on employment law topics for large and small groups of employers and their counsel, including the Society for Human Resource Management (“SHRM”), PIHRA, the National CLE Conference, National Business Institute, the Employment Round Table of Southern California (Board Member), the Council on Education in Management, the Institute for Corporate Counsel, the State Bar of California, the California Continuing Education of the Bar Program and the Los Angeles and Beverly Hills Bar Associations. He has testified as an expert witness regarding wage and hour issues as well as the California Fair Employment and Housing Act and has served as a faculty member of the National Employment Law Institute. He has served as an arbitrator in an employment discrimination matter.

Tony is an appointed Hearing Examiner for the Los Angeles Police Commission Board of Rights and has served as an Adjunct Professor of Law and a guest lecturer at USC Law School and a guest lecturer at UCLA Law School.