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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November 2017 California Employment Law Notes

We invite you to review our newly-posted November 2017 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include: Newly Enacted California Statutes Statewide “Ban-the-Box” Legislation; Parental Leave Protections Expanded; California Becomes A “Sanctuary State”; Mandatory Training To Prevent Gender Identity Harassment; New Restrictions On Inquiries Into … Continue Reading

Statewide “Ban-the-Box” Legislation

Known as “Ban-the-Box” legislation in reference to the box applicants are asked to check if they have any prior criminal convictions, the new law prohibits employers from inquiring about or considering a job applicant’s conviction history prior to an offer of employment. Specifically, the new law amends California’s Fair Employment and Housing Act (“FEHA”) by … Continue Reading

Mandatory Training To Prevent Gender Identity Harassment

This law expands the scope of mandatory sexual harassment training employers must provide to their supervisory employees. Currently, FEHA requires employers with 50 or more employees to provide at least two hours of prescribed training and education regarding sexual harassment to all supervisory employees within six months of their assumption of a supervisory position and … Continue Reading

Parental Leave Protections Expanded

This new law expands parental leave protections to those individuals who work for employers with at least 20 employees. Under the new law, employers with at least 20 employees must allow an employee who has more than 12 months of service with the employer to take up to 12 weeks of parental leave to bond … Continue Reading

California Becomes A “Sanctuary State”

California Gov. Jerry Brown signed into law nearly a dozen new immigration-related bills, including AB 450, which prohibits employers from cooperating with federal immigration authorities in the absence of a judicial warrant or court order. Among other things, the new law: Prohibits employers from voluntarily consenting to an immigration enforcement agent’s entering nonpublic areas of the … Continue Reading

New Restrictions On Inquiries Into Applicants’ Salary History

This law is a new statewide salary history inquiry law that will largely restrict employers in the state from seeking and relying upon salary history information obtained from applicants during the hiring process. The law will apply to all private and public sector employers and will prohibit employers from: relying on salary history as a … Continue Reading

Employer Must Provide Assistance To Employees Injured By Domestic Terrorism

In instances in which the governor has declared a state of emergency in connection with an act of domestic terrorism, employers must provide immediate support to injured employees from a nurse case manager who will assist claimants to obtain medically necessary medical treatment. “Treatment” includes mental health treatment and counseling services for psychological injuries and … Continue Reading

Labor Commissioner’s Anti-Retaliation Jurisdiction Expanded

This law expands the Labor Commissioner’s power to commence an investigation of an employer – with or without a retaliation complaint being filed – when retaliation by the employer against an employee is suspected during the course of adjudicating a wage claim, a field inspection or in instances of suspected immigration-related threats in violation of the Labor … Continue Reading

Employer May Be Liable For Sexual Harassment By Nonemployee Trespasser

M.F. v. Pacific Pearl Hotel Mgmt. LLC, 2017 WL 4831603 (Cal. Ct. App. 2017) M.F., a housekeeping employee who worked for a hotel, alleged she had been raped while working on the employer’s premises by a drunk, nonemployee trespasser whom the employer knew or should have known was on the premises and who had “aggressively … Continue Reading

Workers’ Compensation Decision Barred Employees’ FEHA Claims

Ly v. County of Fresno, 2017 WL 4546059 (Cal. Ct. App. 2017) Three Laotian correctional officers were allegedly subjected to racial and national origin discrimination, harassment and retaliation by their employer, the County of Fresno. The employees filed suit in court under the FEHA while simultaneously pursuing their workers’ compensation remedies before the Workers’ Compensation … Continue Reading

Employer Was Not Liable For Marital Status Discrimination Or Failure To Investigate

Nakai v. Friendship House Ass’n of Am. Indians, Inc., 15 Cal. App. 5th 32 (2017) Orlando Nakai was employed for over 20 years by Friendship House, a drug and alcohol rehabilitation program providing treatment services to Native Americans. His employment was terminated by the program’s CEO (who also happened to be his mother-in-law) after his … Continue Reading

Whistleblower’s Claim Should Not Have Been Dismissed

Levi v. Regents of the Univ. of Cal., 15 Cal. App. 5th 892 (2017) Dr. Leah Levi, a neuro-ophthalmologist, alleged retaliation under California’s Whistleblower Protection Act (“CWPA”) against the University, her former employer. Dr. Levi alleged that her supervisor (Dr. Robert Weinreb) had a conflict of interest related to his wife’s position in the department … Continue Reading

Employer’s Violation Of PAGA Need Not Be Knowing And Intentional

Lopez v. Friant & Assocs., LLC, 15 Cal. App. 5th 773 (2017) Eduardo Lopez filed this action seeking recovery of civil penalties under the Labor Code Private Attorneys General Act of 2004 (“PAGA”) for his employer’s failure to include the last four digits of its employees’ Social Security numbers or employee identification numbers on itemized … Continue Reading

Taxicab Driver May Have Been An Employee Rather Than An Independent Contractor

Linton v. DeSoto Cab Co., 15 Cal. App. 5th 1208 (2017) DeSoto Cab Co. had required Darnice Linton to pay a “gate fee” in exchange for his obtaining a taxicab to drive for each of his shifts. Linton alleged that he is an employee (not an independent contractor) and that by charging him “gate fees,” … Continue Reading

DOL’s Interpretation Of Tip Credit Regulation Does Not Merit Judicial Deference

Marsh v. J. Alexander’s LLC, 869 F.3d 1108 (9th Cir. 2017) Alec Marsh, who worked as a server for J. Alexander’s, alleged violation of the Fair Labor Standards Act (“FLSA”) based upon the employer’s failure to pay him the federal minimum wage of $7.25 per hour. Marsh further alleged that he received more than $30 … Continue Reading

Employer Is Not Liable For Injuries Caused By Employee Who Was En Route To Work

Morales-Simental v. Genentech, Inc., 2017 WL 4700383 (Cal. Ct. App. 2017) Vincent Inte Ong was driving to work at Genentech when his vehicle collided with another vehicle, which resulted in the death of Marisol Morales. In this personal injury lawsuit, Morales’s survivors alleged that Ong was acting within the course and scope of his employment … Continue Reading

California Enacts “Ban the Box” Legislation

On Saturday, October 14, 2017, California Gov. Jerry Brown signed Assembly Bill 1008 into law, which is set to take effect on January 1, 2018.  Known as the “Ban the Box” legislation, in reference to the box applicants are asked to check if they have any prior criminal convictions, the new law prohibits employers with … Continue Reading

Employer’s Victory In Workers’ Compensation Proceeding Leads To Dismissal Of Discrimination Claims

A recent California Court of Appeal opinion reminds employers of the need to carefully monitor parallel workers’ compensation proceedings involving litigants who also have civil claims pending against the employer. Ly v. County of Fresno, 2017 WL 4546059 (Cal. Ct. App. Sept. 15, 2017). Three Laotian correctional officers filed Fair Employment and Housing Act (“FEHA”) … Continue Reading

New Mandatory California Training on Gender Identity Harassment

On Oct. 15, 2017, California Gov. Jerry Brown signed Senate Bill 396 into law, expanding the scope of mandatory sexual harassment training employers must provide to their supervisory employees.  Currently, California’s Fair Employment and Housing Act (“FEHA”) requires employers with 50 or more employees to provide at least two hours of prescribed training and education … Continue Reading

California Expands Parental Leave Protections

California Gov. Jerry Brown has signed Senate Bill 63 into law, expanding parental leave protections to those individuals who work for employers with at least 20 employees.  Under the new law, which is set to take effect on January 1, 2018, employers with at least 20 employees must allow an employee who has more than … Continue Reading

California Enacts Statewide Law Restricting Inquiries into Applicants’ Salary History

California Governor Jerry Brown has signed into law a statewide salary history inquiry law that will largely restrict employers in the state from seeking and relying upon salary history information from applicants during the hiring process. The law, which will go into effect on January 1, 2018 and will apply to all private and public … Continue Reading

California Becomes a “Sanctuary State,” Restricts Employer Cooperation With Federal Immigration Authorities

On Thursday, October 5th, California Gov. Jerry Brown signed into law nearly a dozen new immigration-related bills, including AB 450, which prohibits employers from cooperating with federal immigration authorities in the absence of a judicial warrant or court order.  Among other things, the new law: Prohibits employers from voluntarily consenting to an immigration enforcement agent’s … Continue Reading

September 2017 California Employment Law Notes

We invite you to review our newly-posted September 2017 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include: Jobseeker Website May Be Compelled To Disclose Identity Of Anonymous Posters Who Criticized Employer; Employer Can Recover $90,000 In Costs From Employee Who Rejected Multiple Settlement Offers; … Continue Reading

Former Elementary School Teacher’s Discrimination Claims Were Properly Stricken Under Anti-SLAPP Statute

Okorie v. Los Angeles Unified Sch. Dist., 2017 WL 3499226 (Cal. Ct. App. 2017) Dioka Okorie sued his employer, the Los Angeles Unified School District and others, alleging discrimination, harassment and retaliation. In response, the District filed an anti-SLAPP motion seeking dismissal of Okorie’s lawsuit on the ground that Okorie’s complaint was based on protected activity … Continue Reading
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