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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On Tuesday, Los Angeles Mayor Eric Garcetti issued two new public orders in response to COVID-19’s continued growth and effect on essential businesses. Both of these public orders go into effect on Friday, April 10. The first order contains provisions relating to grocery retail store, drug retail store, and food delivery employees. It mandates: Grocery … Continue Reading
On March 27, 2020, the Los Angeles City Council approved a new ordinance that would have required Los Angeles employers to provide up to 80 hours of supplemental sick leave relating to COVID-19. The broadly-worded ordinance provoked opposition from some in the business community. Last night, LA Mayor Eric Garcetti signed a Public Order Under … Continue Reading
Tony Oncidi and Cole Lewis analyze the enforceability of an “unlimited” vacation or PTO policy in California in the wake of a new court case (McPherson v. EF Intercultural Foundation) for publication in Law360. In a groundbreaking decision in McPherson v. EF Intercultural Foundation Inc., addressing the growing trend of providing unlimited paid time off … Continue Reading
From various employment law implications to managing employees working remotely, employers are faced with unprecedented challenges amid the COVID-19 crisis. As Proskauer’s Coronavirus Resource Center continues to supply advisable tips for clients worldwide, Anthony Oncidi, Cole Lewis and Nayirie Mehdikhani step in with advice for California-based employers as they devise their contingency plans. Read their … Continue Reading
On Wednesday, March 25, please join us for a virtual Q&A session as we respond to your questions about the unique and complex workplace challenges presented by Coronavirus (COVID-19). In order to answer as many questions as we can in our one hour session, please submit your questions in advance to CoronavirusResponseTeam@proskauer.com by 5:00 p.m. … Continue Reading
Today, March 19, 2020, Gov. Gavin Newsom issued Executive Order N-33-20 requiring all individuals living in California to “stay home or at their place of residence except as necessary to maintain continuity of operations of the federal critical infrastructure sectors.” Individuals are permitted to leave their homes for necessities such as obtaining food, prescriptions and … Continue Reading
As we reported yesterday, cities and counties across California are issuing orders to slow the spread of COVID-19. Since our last post, Orange County and the City of Palm Springs have joined the list. Orange County’s Public Health Order, which took effect March 17, 2020, prohibits social gatherings and requires bars and other establishments that … Continue Reading
This morning, California Gov. Gavin Newsom issued an Executive Order that allows a California employer that is conducting layoffs due to the COVID-19 pandemic to use the newly-created “unforeseen business circumstances” exception to the state’s WARN Act requirements. More specifically, the order indicates that: Mass layoffs, relocations or closures fall under the newly-created “unforeseen business … Continue Reading
We invite you to review our newly-posted March 2020 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include: Time Spent By Employees In Exit Searches Is Compensable Prior Pay Is Not A Defense To An Equal Pay Act Claim Constructive Termination And Joint … Continue Reading
Hance v. Super Store Indus., 44 Cal. App. 5th 676 (2020) The attorneys who represented the employees in a class action filed a motion with the trial court for approval of a settlement of the action and also for an award of attorneys’ fees and a division of those fees among the lawyers in accordance … Continue Reading
Grande v. Eisenhower Med. Ctr., 44 Cal. App. 5th 1147 (2020) Lynn Grande was assigned through a temporary staffing agency (FlexCare) to work as a nurse at Eisenhower Medical Center. Grande was a named plaintiff in a class action prosecuted against FlexCare in which she alleged she had not received her required meal and rest … Continue Reading
Scalia v. Employer Solutions Staffing Group, 2020 WL 992564 (9th Cir. 2020) Employer Solutions Staffing Group (“ESSG”) contracts with other companies to recruit employees and place them at jobsites for which ESSG provides administrative tasks such as payroll processing. ESSG conceded that it qualifies as an “employer” of the recruited employees under the Fair Labor … Continue Reading
Gulf Offshore Logistics, LLC v. Superior Court, 2020 WL 772610 (Cal. Ct. App. 2020) Non-California resident crew members of the “Adele Elise” (a vessel that provides services to oil platforms located off the coast of California) filed this putative class action alleging multiple violations of California wage and hour law. The owner/operators of the vessel … Continue Reading
Techno Lite, Inc. v. Emcod, LLC, 44 Cal. App. 5th 462 (2020) Techno Lite employees Scott Drucker and Arik Nirenberg entered into an agreement with Techno Lite not to compete with Techno Lite while they were still employed with that company. Later, Techno Lite sued Drucker and Nirenberg for “siphoning off accounts of Techno Lite’s … Continue Reading
Bingener v. City of Los Angeles, 44 Cal. App. 5th 134 (2019) Kim Rushton, an employee of the City of Los Angeles, struck and killed a pedestrian (Ralph Bingener) while Rushton was driving to work at the Hyperion Treatment Plant. Bingener’s survivors sued the city on the theory that Rushton was a danger to others … Continue Reading
Schmidt v. Superior Court, 44 Cal. App. 5th 570 (2020) Tamika Schmidt and Danielle Penny, two employees at the Hall of Justice for Ventura Superior Court, claimed they were sexually harassed by a security guard named David Jacques. Schmidt and Penny claimed that Jacques had sexually harassed them with a metal detecting wand during the … Continue Reading
Brome v. California Highway Patrol, 44 Cal. App. 5th 786 (2020) Jay Brome sued the California Highway Patrol (“CHP”) after resigning as a law enforcement officer, claiming he had been subjected to harassment and discrimination because of his sexual orientation in violation of the California Fair Employment and Housing Act. Brome provided evidence that his … Continue Reading
St. Myers v. Dignity Health, 44 Cal. App. 5th 301 (2019) Carla St. Myers worked as a nurse practitioner at a rural clinic that was part of a medical center owned and operated by Dignity Health. During her three years of employment, St. Myers submitted over 50 complaints about working conditions at the facility and … Continue Reading
Rizo v. Yovino, 2020 WL 946053 (9th Cir. 2020) (en banc) Aileen Rizo, a female math teacher, brought a claim under the Equal Pay Act (“EPA”) against the Fresno County Superintendent of Schools for paying her substantially less than her male counterparts. The school district did not dispute that she was paid less and asserted … Continue Reading
Frlekin v. Apple Inc., 2020 WL 727813 (Cal. S. Ct. 2020) In this opinion, the California Supreme Court answered a question certified to it by the United States Court of Appeals for the Ninth Circuit: “Is time spent on the employer’s premises waiting for, and undergoing, required exit searches of packages, bags, or personal technology … Continue Reading
Today, the California Supreme Court issued its long-awaited opinion in Kim v. Reins Int’l Cal., Inc., holding that an employee’s settlement and dismissal of underlying Labor Code claims does not deprive the individual of the ability to later assert a representative action under the Labor Code Private Attorneys General Act (“PAGA”)—even if it involves the … Continue Reading
The California Labor Commissioner’s Office has issued an important new FAQ Memo for accommodating and paying employees in connection with the Coronavirus (COVID-19) outbreak: Coronavirus Disease (COVID-19) – FAQs on laws enforced by the California Labor Commissioner’s Office Can an employee use California Paid Sick Leave due to COVID-19 illness? Yes. If the employee has … Continue Reading
The California Employment Development Department has issued the following guidance regarding the Coronavirus (COVID-19): An outbreak of respiratory illness caused by a new coronavirus (COVID-19) has been identified starting in Wuhan, China. There is no evidence of widespread transmission of COVID-19 in California at this time. While investigations to learn more about the virus are … Continue Reading
On Tuesday, seven elected officials from various local government bodies challenged a recently enacted California state law that prohibits a public employer from “deter[ing] or discourag[ing] public employees from becoming or remaining members” of a union. The challenged statute (which was part of Senate Bill 866) was a rearguard action that the public employee unions … Continue Reading
Los Angeles Issues Two New Public Orders On COVID-19
By Tony Oncidi and Cole Lewis on Posted in Coronavirus, COVID-19
Los Angeles Issues New Sick Leave Rules
By Tony Oncidi and Philippe A. Lebel on Posted in Coronavirus, COVID-19, Leaves of Absence
California Ruling Guides Employers On Unlimited Vacation Policies
By Tony Oncidi and Cole Lewis on Posted in California Labor & Employment Law, Vacation or PTO
An Employer Response Plan for COVID-19
By Tony Oncidi, Nayirie K. Mehdikhani and Cole Lewis on Posted in Articles, Coronavirus, COVID-19
Coronavirus & the Workplace: Answering Your Questions Webinar
By Tony Oncidi on Posted in Coronavirus, COVID-19
California Orders Residents (All 40 Million!) To Shelter In Place
By Tony Oncidi and Philippe A. Lebel on Posted in Coronavirus, COVID-19
Various California Localities Issue Important New Social Distancing Orders
By Tony Oncidi, Philippe A. Lebel and Cole Lewis on Posted in Coronavirus, COVID-19
California Suspends 60-Day WARN Act Notice Period Due to COVID-19
By Tony Oncidi, Nayirie K. Mehdikhani and Cole Lewis on Posted in Coronavirus, COVID-19, WARN Act
March 2020 California Employment Law Notes
By Tony Oncidi on Posted in California Labor & Employment Law, Class Actions, Constructive Discharge, Employer Liability for Worker's Actions, Equal Pay Act, FEHA, FLSA, Gender discrimination, Meal Periods and Rest Breaks, Overtime, Payroll, Settlement, Sexual Harassment, Sexual orientation discrimination, Unfair Competition, Wage and Hour, Workplace Safety
Agreement To Divide $4.3 Million in Attorneys’ Fees Was Unenforceable Absent Disclosure About Insurance
By Tony Oncidi on Posted in Class Actions, Settlement
Employee Can Sue Employer That Was Not Released In Prior Class Action
By Tony Oncidi on Posted in Class Actions, Meal Periods and Rest Breaks, Wage and Hour
Summary Judgment Properly Entered In Favor of DOL in FLSA Case
By Tony Oncidi on Posted in FLSA, Overtime
Louisiana Wage Law Applies To Non-California Residents Working On Vessel Off The Coast Of California
By Tony Oncidi on Posted in Class Actions, Wage and Hour
Agreement Not To Compete With Employer While Still Employed Is Enforceable
By Tony Oncidi on Posted in Unfair Competition
Employer Was Not Liable For The Death Of A Pedestrian Caused By Employee
By Tony Oncidi on Posted in Employer Liability for Worker's Actions
Security Guard Did Not Sexually Harass Court Personnel
By Tony Oncidi on Posted in Sexual Harassment
Gay CHP Officer May Have Been Constructively Terminated
By Tony Oncidi on Posted in FEHA, Sexual orientation discrimination
Constructive Termination And Joint Employer Claims Were Properly Dismissed
By Tony Oncidi on Posted in Constructive Discharge, Workplace Safety
Prior Pay Is Not A Defense To An Equal Pay Act Claim
By Tony Oncidi on Posted in Equal Pay Act, Gender discrimination
Time Spent By Employees In Exit Searches Is Compensable
By Tony Oncidi on Posted in California Labor & Employment Law, Payroll
California Supreme Court Hands Plaintiffs’ Lawyers A Gift…
By Tony Oncidi, Kate Gold and Philippe A. Lebel on Posted in PAGA, Wage and Hour
California Labor Commissioner’s Office Releases FAQ Memo on Coronavirus
By Tony Oncidi and Cole Lewis on Posted in Coronavirus, COVID-19
California Employment Development Department Issues New Coronavirus Guidance
By Tony Oncidi on Posted in Coronavirus, COVID-19
California’s Latest Gift to the Public Employee Unions is Challenged in Federal Court
By Tony Oncidi and Cole Lewis on Posted in Public Employment, Union Issues
