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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Ah, It’s Bill Passing Season in California – and No Employer is Safe!

It’s springtime in California!  Even as the swallows return to San Juan Capistrano, the California legislature is busy, busy, busy passing 100s of new laws because, after all, you can never get too much of a good thing! Yes, it’s Bill Passing Season in Sacramento again, and the California legislature seems as determined as ever … Continue Reading

May 2019 California Employment Law Notes

We invite you to review our newly-posted May 2019 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include: Strict Independent Contractor Test Applies Retroactively; California Employee Is Compelled To Litigate His Employment Claims In Indiana; Employee Could Rely Upon Former Supervisor’s Statement About Existence Of Discrimination; … Continue Reading

Employee Could Rely Upon Former Supervisor’s Statement About Existence Of Discrimination

Weil v. Citizens Telecom Servs. Co., 2019 WL 1891796 (9th Cir. 2019) David Weil sued Citizens Telecom Services for wrongful termination and discriminatory failure to promote under Title VII and related statutes. In support of his failure-to-promote claim, Weil testified in his deposition that his former supervisor (identified in the opinion as “L.H.”) told him … Continue Reading

IT Analyst Was Properly Denied Unemployment Benefits

Goldstein v. CUIAB, 2019 WL 1923530 (Cal. Ct. App. 2019) Steven M. Goldstein applied for and received unemployment insurance benefits from March 23, 2013 through August 10, 2013 after which time he ceased receiving unemployment benefits because he began receiving disability benefits, which continued until September 2014. Goldstein’s second claim for unemployment insurance benefits had … Continue Reading

Employer Did Not Violate PAGA By Failing To Include “ZIP+4 Code” On Wage Statements

Savea v. YRC Inc., 2019 WL 1552686 (Cal. Ct. App. 2019) Vaiula Savea sued his employer (YRC) for an alleged violation of Labor Code § 226 based upon YRC’s alleged failure to include the correct employer name and address on its wage statements. The alleged violations arose from YRC’s listing on the wage statements its … Continue Reading

Former Employee’s Claims Against The Salvation Army Were Properly Dismissed

Garcia v. Salvation Army, 918 F.3d 997 (9th Cir. 2019) Ann Garcia worked as social services coordinator for the Salvation Army but “left the Church” and stopped attending religious services there a few years before taking a lengthy medical leave of absence due to fibromyalgia and eventually being fired for failing to report to work … Continue Reading

California Employee Is Compelled To Litigate His Employment Claims In Indiana

Ryze Claim Solutions LLC v. Superior Court, 2019 WL 1467947 (Cal. Ct. App. 2019) Jerome Nedd was employed by Ryze Claim Solutions in El Cerrito, California for almost three years before his employment was terminated, resulting in his filing claims against Ryze for wrongful termination and violation of the Fair Employment and Housing Act (“FEHA”) … Continue Reading

Strict Independent Contractor Test Applies Retroactively

Vazquez v. Jan-Pro Franchising Int’l, 2019 WL 1945001 (9th Cir. 2019) Last year, the California Supreme Court in Dynamex Ops. W. Inc. v. Superior Court, 4 Cal. 5th 903 (2018), adopted the so-called “ABC test” for determining whether a worker is an employee or independent contractor and in so doing made it much more difficult … Continue Reading

California Bill Aims to Prohibit Employers from Discriminating on Basis of Hairstyle

A new California bill aims to make it illegal for employers to discriminate against employees based upon their hairstyles. SB 188, also known as the “CROWN Act” (Create a Respectful and Open Workplace for Natural hair), proposes amending the Education Code and Government Code to define “race or ethnicity” as “inclusive of traits historically associated … Continue Reading

9th Circuit Applies Strict Independent Contractor Test, Dynamex, Retroactively

Last year, we questioned whether California’s new restrictions on independent contractors would apply retroactively. Yesterday, the Ninth Circuit decided in Vazquez v. Jan-Pro Franchising Int’l, 2019 WL 1945001 (9th Cir. 2019), that the landmark ruling in Dynamex Operations West, Inc. v. Superior Court should be applied retroactively. The new test established in Dynamex upended the Borello test, … Continue Reading

California Jury Awards $11 Million In Latest Blockbuster Sexual Harassment Verdict

For the second time this calendar year, a Los Angeles jury ordered an employer to pay $11 million to an employee who claimed to have been sexually harassed. And, once again, the amount of punitive damages ($8 million) dwarfed the amount of compensatory damages ($3.1 million) by a margin of more than two-to-one. On Friday, … Continue Reading

Join Us for a Webinar on Sexual Harassment Claims and Mandatory Arbitration Agreements

I’m delighted to be presenting a webinar on “Sexual Harassment Claims and Mandatory Arbitration Agreements” for the California Lawyers Association from 12:00 to 1:00 pm PDT on Wednesday, April 24. In the wake of the #MeToo Movement, the use of pre-dispute arbitration agreements in the context of sexual harassment claims has come under fierce attack … Continue Reading

Tune in to the Webinar Today: Employment Roundtable of Southern California

On Tuesday, April 16, 1-2 pm PDT, Tony Oncidi will be joining the Employment Roundtable of Southern California (ERTSC) and presenting the webinar, A Quick Legal Update of New Employment Laws and Cases. The New Year rang in nearly twenty new employment laws.  2018 and 2019 have produced dozens and dozens of significant employment cases.  … Continue Reading

City of Baldwin Park Hit with $7 Million Sex Discrimination Verdict

Just another day in paradise in Los Angeles… Unless you happen to be an employer. Continuing the recent spate of multi-million dollar verdicts, an LA jury awarded a former police officer $7 million on her sex discrimination claim. Lili Hadsell, a former police chief for the City of Baldwin Park, alleged that she was subjected … Continue Reading

March 2019 California Employment Law Notes

We invite you to review our newly-posted March 2019 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include: Eddie Money Beats Discrimination Lawsuit Based On Free Speech Right; Former Accountant Could Proceed With Whistleblower Lawsuit; Employer Violated FCRA With Improper Background Check Notice; Fruit Growers May … Continue Reading

California Legislature Tries Yet Again to Outlaw Arbitration Agreements…

There they go again!  As we predicted last November, the California legislature is once again trying to outlaw arbitration agreements between employers and employees.  Former Gov. Jerry Brown routinely vetoed similar bills that sought to prohibit arbitration of employment disputes on the anodyne ground that such legislation unquestionably conflicts with and is preempted by federal … Continue Reading

Proskauer Releases New Survey of Workplace Issues in the #MeToo Era

The current landscape in the #MeToo Era has heightened the need for leaders at every business organization to ensure that sound and strategically aligned practices for preventing, receiving, and responding to harassment, discrimination and other workplace related claims are in place. Proskauer has just released its findings from a broad-based survey of employers around the … Continue Reading

On-Call Employees Who Must Call In Should Receive Reporting-Time Pay

Ward v. Tilly’s, Inc., 31 Cal. App. 5th 1167 (2019) Skylar Ward challenged by way of this putative class action the on-call scheduling practices of her former employer, Tilly’s, Inc., as violating the reporting time pay requirements of California law. Tilly’s required on-call employees to contact Tilly’s two hours before their on-call shifts. If they … Continue Reading

Court Should Not Have Denied Certification Of Class Of Drivers Seeking Wage & Hour Remedies

Jimenez-Sanchez v. Dark Horse Exp., Inc., 2019 WL 626349 (Cal. Ct. App. 2019) The trial court denied plaintiffs’ motion for class certification of a putative class consisting of employees who worked as drivers transporting milk within California. Plaintiffs allege failure to compensate for all hours worked; failure to schedule meal periods; failure to provide uninterrupted … Continue Reading

PAGA Penalties Must Be Shared With All Aggrieved Employees

Moorer v. Noble L.A. Events, Inc., 2019 WL 949419 (Cal. Ct. App. 2019) David Moorer, who worked as a full-time security guard and “lobby ambassador” for Noble, filed a complaint as an individual and on behalf of all aggrieved employees against Noble and others under the Private Attorneys General Act (“PAGA”). After Noble failed to … Continue Reading
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