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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Employers may face juries that seek to hold them responsible if an employee contracts COVID-19, the trial consulting firm Dispute Dynamics suggests in its latest study. Dispute Dynamics surveyed 321 individuals, inquiring about their most up-to-date attitudes in the context of being called as a potential juror during/following the pandemic. 46% of the participants indicated … Continue Reading
As businesses reopen and employers continue to adjust to the new reality created by the COVID-19 pandemic, it is critical to anticipate the types of employment-related claims that may arise. On Tuesday, June 23, 2020, at 10:00 AM PDT, please join Proskauer’s Labor and Employment Department for a complimentary webinar as we provide an overview … Continue Reading
On Monday, the Supreme Court issued a landmark 6-3 ruling that held that an employer that fires someone for being gay or transgender violates Title VII of the Civil Rights Act. Anthony Oncidi joins XpertHR Legal Editor David Weisenfeld to discuss the ruling’s significance, what it means for employers and what the next big workplace … Continue Reading
As we previously reported, last week, Gov. Gavin Newsom and California’s State Public Health Officer cleared the music, film and television industry to resume work no earlier than this Friday, June 12, 2020, subject to county-by-county approval. On June 10, 2020, Los Angeles County Director of Public Health, Dr. Barbara Ferrer, announced that she was … Continue Reading
On Friday June 5, Gov. Newsom announced that California has authorized the music, film and television production industries to reopen on or after this coming Friday, June 12, 2020. The same day, Gov. Newsom announced the reopening of fitness facilities, day camps, and several other industries. Although the State Public Health Officer had been … Continue Reading
As we discussed in a guest column in The Hollywood Reporter in April, the entertainment industry faces unique challenges as it plans to resume operations. On May 20, 2020, California Governor Gavin Newsom suggested that California would release guidelines for reopening the entertainment industry by Memorial Day. However, to date, California’s Public Health Officer has not … Continue Reading
We invite you to review our newly-posted May 2020 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include: Court Reverses $13 Million Gender Discrimination Verdict Entered Against UCLA Court Affirms $2.9 Million Verdict Against Employer That Failed To Obtain Green Card For Employee … Continue Reading
Patel v. Chavez, 2020 WL 2109599 (Cal. Ct. App. 2020) Balubhai Patel and various entities sued Manuel Chavez, the former on-site property manager of the Stuart Hotel, which was owned and operated by Patel and the other plaintiffs. Plaintiffs alleged a federal civil rights violation (42 U.S.C. § 1983) against Chavez based upon his allegedly … Continue Reading
Herrera v. Zumiez, Inc., 953 F.3d 1063 (9th Cir. 2020) Alexa Herrera filed this putative class action against her employer, alleging that Zumiez failed to provide reporting-time pay to employees at its California retail stores for their “Call-In” shifts. Employees scheduled for a Call-In shift were required to make themselves available to work during the … Continue Reading
Marez v. Lyft, Inc., 2020 WL 2108643 (Cal. Ct. App. 2020) While driving a car rented through Lyft’s “Express Drive Program,” Jonathan Guarano struck the plaintiffs and caused significant injuries. Plaintiffs sued Lyft under the doctrine of respondeat superior, but the trial court granted summary judgment to Lyft on the ground that at the time … Continue Reading
Galeotti v. International Union of Operating Eng’rs Local No. 3, 2020 WL 2188995 (Cal. Ct. App. 2020) John Galeotti, a former business agent for the union, alleged he was wrongfully terminated for refusing to contribute money toward the campaigns of various union officials who had run for election to union positions. Galeotti alleged his employment … Continue Reading
Ducksworth v. Tri-Modal Distrib. Servs., 47 Cal. App. 5th 532 (2020) Bonnie Ducksworth and Pamela Pollock are customer service representatives at Tri-Modal Distribution Services who alleged a failure to promote based upon racial discrimination by two staffing agencies used by Tri-Modal; Pollock also alleged sexual harassment. The trial court granted the staffing agencies’ motion for … Continue Reading
McPherson v. EF Intercultural Fndn., Inc., 47 Cal. App. 5th 243 (2020) In this case of first impression, the California Court of Appeal affirmed the trial court’s judgment (except for the amount of damages and attorneys’ fees awarded) and held that the unlimited vacation policy at issue in this case was not as described and that … Continue Reading
Luna v. Hansen & Adkins Auto Transport, Inc., 2020 WL 1969409 (9th Cir. 2020) Leonard Luna filed this putative class action, alleging a violation of the Fair Credit Reporting Act (“FCRA”) because his former employer had provided him a FCRA disclosure statement simultaneously with other employment materials and had failed to provide a standalone FCRA … Continue Reading
Nuño v. California State Univ., 47 Cal. App. 5th 799 (2020) Anthony Nuño, an assistant college professor, represented himself in this lawsuit against California State University, Bakersfield, in which he alleged harassment, retaliation and discrimination based upon his race and sexual orientation. The trial court sustained defendants’ demurrer and granted plaintiff additional time to file … Continue Reading
Caldera v. California Dep’t of Corrs. & Rehab., 2020 WL 2109751 (Cal. Ct. App. 2020) Augustine Caldera is a correctional officer at a state prison who stutters when he speaks. Caldera alleged that the prison’s employees, including a supervisor, “mocked and mimicked” his stutter at least a dozen times over a period of two years. … Continue Reading
Anthony v. TRAX Int’l Corp., 955 F.3d 1123 (9th Cir. 2020) After Sunny Anthony filed suit, alleging she was terminated because of her disability, the employer (TRAX) learned that contrary to her representation on her employment application, she lacked the bachelor’s degree that was required of all technical writers under the employer’s government contract. The … Continue Reading
Reynaud v. Technicolor Creative Servs. USA, Inc., 46 Cal. App. 5th 1007 (2020) Plaintiffs Michael and Fiona Reynaud (both British citizens) sued Michael’s former employer, Technicolor, for negligence based upon its failure to timely obtain a green card for Michael, which would have permitted him to remain in the United States. Although Technicolor had agreed … Continue Reading
Pinter-Brown v. The Regents of the Univ. of Cal., 2020 WL 1950808 (Cal. Ct. App. 2020) The California Court of Appeal reversed a $13 million judgment that was entered against UCLA in favor of one of its former professors of medicine, Dr. Lauren Pinter-Brown, who sued for alleged gender discrimination and age discrimination and harassment … Continue Reading
The California Chamber of Commerce has just identified 10 recently introduced “job killer” bills that have been proposed by the California legislature. Worth noting are the following: AB 196 (Gonzalez; D-San Diego) Establishes “Conclusive Presumption” of Injury. Conclusively presumes that contraction of COVID-19 by all “essential workers” is a workplace injury, which will greatly increase the … Continue Reading
As if there weren’t enough to worry about, Los Angeles employers may face an even tougher challenge to prevail at trial in the aftermath of the Coronavirus pandemic, the trial consulting firm Dispute Dynamics suggests in its latest study. On May 4th, Dispute Dynamics surveyed Los Angeles County residents and people nationwide, inquiring about their … Continue Reading
In Pinter-Brown v. Regents of the University of California,[1] the California Court of Appeal’s Second Appellate District recently reversed a blockbuster $13 million judgment that was entered against UCLA in favor of one of its former professors of medicine, Dr. Lauren Pinter-Brown. Pinter-Brown went to trial against University of California, Los Angeles, on claims of … Continue Reading
When courts begin to ramp-up operations and start to impanel juries again for the thousands of backlogged civil and criminal trials, the composition of the jury pool may look different, suggests Dispute Dynamics. Dan Gallipeau and Jill Huntley Taylor at Dispute Dynamics conducted a 300-participant nationwide study last week to determine what, if any, effect … Continue Reading
On May 6, 2020, Governor Newsom issued Executive Order N-62-20, which creates a time-limited rebuttable presumption that workers who are still reporting to their employer’s workplace and who test positive for COVID-19 are eligible for workers’ compensation benefits. Specifically, the Order provides that any COVID-19-related illness of an employee shall be “presumed to arise out … Continue Reading
Safety Concerns Regarding COVID-19 Infection Could Lead to More Plaintiff-Friendly Juries
By Tony Oncidi and Cole Lewis on Posted in Coronavirus, COVID-19, Jury verdicts
Please join us for a complimentary Webinar on Employment-Related Claims in the Wake of COVID-19
By Tony Oncidi on Posted in Coronavirus, COVID-19
Podcast: LGBT Workers Win Blockbuster Supreme Court Ruling
By Tony Oncidi on Posted in Supreme Court, Title VII
Mask On, Roll Camera: LA County Greenlights Hollywood Production Restart
By Tony Oncidi, Kate Gold and Philippe A. Lebel on Posted in Coronavirus, COVID-19, Entertainment Industry
The Wait is (Almost) Over! California Greenlights Resumption of Music, Film and Television Production
By Tony Oncidi, Kate Gold and Philippe A. Lebel on Posted in Coronavirus, COVID-19, Entertainment Industry
Lights, Camera, PPE: Hollywood Guilds and Studios Take Action On Resuming Production
By Tony Oncidi, Kate Gold and Philippe A. Lebel on Posted in Coronavirus, COVID-19, Entertainment Industry
May 2020 California Employment Law Notes
By Tony Oncidi on Posted in ADA, Anti-SLAPP, Class Actions, Disability, Discrimination, Employer Liability for Worker's Actions, Employment Policies, FCRA, Gender discrimination, Harassment, Hiring, Negligence, Off-the-clock Issues, Retaliation, Sexual Harassment, Vacation or PTO, Wrongful Termination
Court Properly Dismissed Employer’s Civil Rights Claim Against Employee
By Tony Oncidi on Posted in Anti-SLAPP
Employees Who Were Required To Call-In Prior To Shift Were Entitled To Reporting-Time Pay
By Tony Oncidi on Posted in Class Actions, Off-the-clock Issues
Lyft Was Not Liable For Accident Involving One Of Its Drivers
By Tony Oncidi on Posted in Employer Liability for Worker's Actions
Threat To Terminate Employee May Constitute Extortion
By Tony Oncidi on Posted in Wrongful Termination
Racial Discrimination/Sexual Harassment Case Was Properly Dismissed On Summary Judgment
By Tony Oncidi on Posted in Discrimination, Sexual Harassment
Unlimited Vacation Policy Failed To Properly Compensate Employees
By Tony Oncidi on Posted in Employment Policies, Vacation or PTO
Employer Did Not Violate FCRA By Providing Disclosure Along With Other Materials
By Tony Oncidi on Posted in Class Actions, FCRA
Court Should Not Have Dismissed Self-Represented Employee’s Claims
By Tony Oncidi on Posted in Discrimination, Harassment, Retaliation
Court Orders Higher Prevailing-Plaintiff Attorneys’ Fees In Disability Discrimination Case
By Tony Oncidi on Posted in Disability, Discrimination
After-Acquired Evidence Was Properly Used To Defeat ADA Claim
By Tony Oncidi on Posted in ADA, Disability
Court Affirms $2.9 Million Verdict Against Employer That Failed To Obtain Green Card For Employee
By Tony Oncidi on Posted in Hiring, Negligence
Court Reverses $13 Million Gender Discrimination Verdict Entered Against UCLA
By Tony Oncidi on Posted in Gender discrimination, Harassment
CalChamber Releases its Annual List of “Job Killer” Bills Proposed by the California Legislature
By Tony Oncidi and Cole Lewis on Posted in California Labor & Employment Law, New and Proposed Laws and Legislation
Los Angeles Employers May Face Even More Juror Hostility After Pandemic
By Tony Oncidi and Cole Lewis on Posted in California Labor & Employment Law, Jury verdicts
$13M UCLA Case Exposes Calif. Employment Litigation Flaws
How Will COVID-19 Affect Future Jury Trials?
By Tony Oncidi and Cole Lewis on Posted in Coronavirus, COVID-19, Jury verdicts
California Will Presume COVID-19 Infections Arose From On-Site Work Performed After March 19
By Tony Oncidi and Philippe A. Lebel on Posted in Coronavirus, COVID-19, Workers Compensation
