Photo of 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, 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.

Wildfires continue to rage across Southern California, leveling entire neighborhoods, forcing evacuations for tens of thousands of people, and posing incredible hardship on businesses and their employees.  Below are a few common scenarios employers should know about paying their California employees and maintaining compliance with wage and hour laws:

“Our office was closed for a few days because of the fires.  Do we have to

In yet another attempt to avoid arbitration agreements, plaintiffs’ lawyers in the wake of the blockbuster court decisions in Viking River Cruises, Inc. v. Moriana and Adolph v. Uber Technologies, Inc. began filing so-called “headless” claims for civil penalties under the Labor Code Private Attorneys General Act (“PAGA”).  In such cases, the plaintiff seeks civil penalties for all allegedly aggrieved employees except themself.  Thus, these

As 2024 came to a close, yet another California jury delivered a massive award to an individual plaintiff in an employment discrimination case.  This time, it was an award of over $11 million by a San Diego jury to a medical screener at a plasma donation center (Roque v. Octapharma Plasma, Inc.).  The 74-year-old plaintiff alleged that her employer failed to accommodate her

The California Department of Industrial Relations (DIR) has released updated guidance clarifying how the state’s latest statutory enactments will impact employers’ paid sick leave obligations.  Specifically, as we reported here, Assembly Bill (AB) 2499 and Senate Bill (SB) 1105 expand the permissible reasons for which employees can use paid sick leave.

The updated FAQs now explain that, in addition to existing uses of paid

Mooney v. Fife, 118 F.4th 1081 (9th Cir. 2024)

Thomas Mooney was the chief operating officer of Vivida Dermatology before his employment was terminated for an alleged violation of a confidentiality provision in his employment agreement. Following his termination, Mooney sued his former employer for retaliation under the False Claims Act (FCA), breach of contract and breach of the implied covenant of good

North Am. Title Co. v. Superior Court, 17 Cal. 5th 155 (2024)

Pursuant to Cal. Code Civ. Proc. § 170.3, a party that seeks to disqualify a trial court judge by filing a verified statement of disqualification must do so “at the earliest practicable opportunity after discovery of the facts constituting the ground for disqualification.” The statute also provides that there shall be

Rodriguez v. Lawrence Eqpt., Inc., 2024 WL 4719479 (Cal. Ct. App. 2024)

Julian Rodriguez sued his former employer, Lawrence Equipment, Inc., for various wage and hour violations under the Labor Code and sought civil penalties and wages pursuant to the Private Attorneys General Act (PAGA). Enforcing the arbitration agreement Rodriguez had signed, the trial court ordered arbitration of the wage and hour claims and

Nebraska v. Su,121 F.4th 1 (9th Cir. 2024)

Five states challenged President Biden’s 2021 Executive Order 14026, which directed federal agencies to include a clause in federal contracts requiring contractors to pay employees a $15 minimum wage. The states argued that the executive order and the implementing rule issued by the Department of Labor violate the Federal Property and Administrative Services Act

Osborne v. Pleasanton Auto. Co., 106 Cal. App. 5th 361 (2024)

Eva Osborne sued her former employer (Pleasanton Automotive) and its executive general manager (the ironically named Bob Slap) for discrimination, retaliation, harassment and wage and hour violations arising during the four years while Osborne worked as Slap’s executive assistant. Two years into the litigation, Slap filed a cross-complaint against Osborne, asserting that statements