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.

Overhill Farms, Inc. v. Lopez, 190 Cal. App. 4th 1248 (2010)

After the IRS notified Overhill Farms that 231 of its then-current employees had provided invalid social security numbers, Overhill contacted the employees identified by the IRS, advised them that their social security numbers were invalid according to the IRS, and provided them with the opportunity to correct the erroneous information in order to

Pineda v. Bank of America, 50 Cal. 4th 1389 (2010)

Although plaintiff Jorge A. Pineda gave two weeks’ notice of his resignation from Bank of America, the bank did not pay him his final wages on his last day of employment, as required by Cal. Labor Code § 202, but instead paid him four days late. In this putative class action, Pineda sued for

California has enacted the “California Transparency in Supply Chains Act of 2010” (S.B. 657), which will require retail sellers and manufacturers that do business in California and that have over $100 million in annual worldwide gross receipts to publicly disclose their efforts to eradicate slavery and human trafficking from their direct supply chains for tangible goods offered for sale. (The new law becomes effective on

Garcia v. Four Points Sheraton LAX, 188 Cal. App. 4th 364 (2010)

In 2006, the City of Los Angeles enacted the Hotel Service Charge Reform Ordinance, which required non-unionized hotels in the Century Boulevard Corridor near LAX to pass along mandatory service charges to the workers who rendered the services for which the charges were collected. (The service workers alleged their income had declined

Sullivan v. Dollar Tree Stores, Inc., 623 F.3d 770 (2010)

Christina Sullivan was the manager of a Factory 2-U store before it filed for Chapter 11 bankruptcy. Dollar Tree later purchased Factory 2-U’s existing leasehold on the store where Sullivan was employed. Prior to the anniversary of her hire by Dollar Tree, Sullivan’s mother became ill but Dollar Tree did not provide Sullivan with

Wang v. Chinese Daily News, 623 F.3d 743 (2010)

Plaintiffs (reporters for the Chinese Daily News) alleged they were non-exempt employees entitled to overtime pay under the Fair Labor Standards Act (FLSA) and California state law. The district court granted summary judgment in favor of the reporters, finding journalists are not subject to the creative professional exemption to the FLSA or California law. The

Hernandez v. Chipotle Mexican Grill, Inc., 189 Cal.App.4th 751 (2010)

Rogelio Hernandez worked as a non-exempt employee at Chipotle Mexican Grill. In this putative class action, Hernandez alleged that Chipotle violated California wage and hour law by failing to ensure that its employees took their meal breaks. The trial court granted Chipotle’s motion to deny class certification and to strike the class allegations on

Stiefel v. Bechtel Corp., 624 F.3d 1240 (2010)

James Richard Stiefel worked for Bechtel as an ironworker at a power plant. Five weeks before he was laid off, Stiefel injured his left hand while on the job. In his lawsuit, Stiefel alleged Bechtel laid him off as part of a “medical reduction in force,” which would result in cost savings to Bechtel under its

Sandell v. Taylor-Listug, Inc., 188 Cal. App. 4th 297 (2010)

Robert Sandell began his employment as vice president of sales with Taylor-Listug in February 2004. Six months later, while on a six-month sabbatical from work, Sandell suffered a stroke (following a chiropractic adjustment). When Sandell returned to work in October, he was using a cane and had noticeably slower speech. Taylor-Listug terminated Sandell’s employment

McCaskey v. California State Auto. Ass’n, 189 Cal.App.4th 947 (2010)

Charles Luke, Francis McCaskey and John Mellen filed this lawsuit against CSAA, alleging breach of contract and age discrimination. The contract claim was based on an alleged breach by CSAA of a promise to permit senior sales agents to continue in their employ under relaxed sales quotas (minimum production requirements or “MPR’s”). Plaintiffs also alleged