According to the Los Angeles Times, a retiring “prison supervising dentist” became a millionaire overnight when the state paid him $1.2 million for unused vacation benefits that he had been accruing for decades.  This mammoth payout represents just a drop in the bucket considering the more than $5.6 billion in unfunded liability the state has amassed for vacation and other leave benefits owed to current employees.

According to the article, state employees receive up to six weeks per year of paid vacation benefits, 11 paid state holidays, a paid “personal holiday” and paid professional development days. Apparently, there are policies in place that cap vacation balances at 640 hours for most state employees, but there is an inexplicable “failure to enforce” such policies. Any changes, notes the article, “would have to be negotiated with the state’s powerful and deep-pocketed public sector unions,” which are among the top donors to the unions’ many friends and admirers who control Sacramento.

Vital takeaway:  Employers in the private sector should confirm that their vacation policies include a reasonable cap on the amount of vacation time employees may accrue and should otherwise verify with legal counsel their current compliance with California’s unique vacation accrual and payment rules to avoid potential liability pitfalls.

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Photo of Tony Oncidi Tony Oncidi

Anthony J. Oncidi is the Co-Chair Emeritus 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…

Anthony J. Oncidi is the Co-Chair Emeritus 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.

Photo of Gregory Knopp Gregory Knopp

Gregory (Greg) Knopp is a partner in the Labor & Employment Law Department in the Los Angeles office.

Greg defends companies in class and collective actions and other complex disputes. He has argued successfully before state and federal courts across the country and…

Gregory (Greg) Knopp is a partner in the Labor & Employment Law Department in the Los Angeles office.

Greg defends companies in class and collective actions and other complex disputes. He has argued successfully before state and federal courts across the country and has obtained dismissals of class actions in dozens of high-profile, highly consequential matters.

Greg’s clients range from entertainment companies to prominent retailers to professional sports leagues. He has also worked with financial services and other professional services firms, along with clients in the technology, transportation and healthcare spaces. All look to Greg for his ability to quickly spot legal issues and to determine strategies to maximize advantage.

With more than 20 years of experience in employment litigation, Greg has represented clients in a wide range of employment disputes involving wage and hour issues, issues specific to California employment law, sexual harassment, and arbitration compulsion.

Photo of Michelle Lappen Michelle Lappen

Michelle Lappen is an associate in the Labor & Employment Department and a member of the Employment Litigation & Arbitration Group. Her practice addresses a wide range of labor and employment issues, including matters involving alleged discrimination, harassment, retaliation, wage-and-hour issues, whistleblowing and…

Michelle Lappen is an associate in the Labor & Employment Department and a member of the Employment Litigation & Arbitration Group. Her practice addresses a wide range of labor and employment issues, including matters involving alleged discrimination, harassment, retaliation, wage-and-hour issues, whistleblowing and wrongful termination. Michelle has represented clients in a variety of industries, including entertainment, healthcare, financial services, professional services and technology.

Michelle has defended nationwide employers in connection with complex, overlapping wage-and-hour class and representative actions. Michelle also has defended single-plaintiff discrimination, harassment, retaliation and wage-and-hour cases in both arbitration and state and federal courts. Michelle has comprehensive experience in litigation, including propounding and responding to written discovery, defending depositions, drafting dispositive motions and managing preparation for trial. In addition to Michelle’s employment litigation practice, she advises clients on various employment issues, including litigation avoidance, pay data reporting and compliance with federal, state and local laws.

Michelle earned her J.D. from Columbia Law School, where she was an articles and submissions editor for the Columbia Journal of Law & the Arts. She also served as a teaching fellow for the Advanced Negotiation Workshop and advocated for state and federal legislation as a clinical student in the Columbia Law Health Justice Advocacy Clinic.

Michelle was selected to be a Protégée for Proskauer’s Women’s Sponsorship Program, an initiative for high-performing, midlevel associates that champions future leaders. She also serves as a member of the Firm’s Summer Program Committee.