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.

Starbucks Corp. v. Superior Court, 168 Cal. App. 4th 1436 (2008)

Plaintiffs filed a class action lawsuit on behalf of themselves and approximately 135,000 other Starbucks applicants who had sought jobs at some 1,500 Starbucks locations throughout California. Plaintiffs contended that the Starbucks application violated California Labor Code §§ 432.7 and 432.8, prohibiting employers from asking about marijuana-related convictions that are more than two

Dominguez v. Washington Mut. Bank, 168 Cal. App. 4th 714 (2008)

Yoko Dominguez, a former temporary employee of Washington Mutual assigned to processing outgoing mail, alleged that a co-worker (Javier Gutierrez) had made crude and offensive comments to her after learning that Dominguez was a lesbian. Dominguez complained about Gutierrez’s comments to her supervisor’s supervisor (who was also a lesbian) as well as to

DeJung v. Superior Court, 169 Cal. App. 4th 533 (2008)

Theodore DeJung, a former part-time commissioner of the Sonoma County Superior Court, filed a lawsuit alleging age discrimination after he was not selected to become a full-time commissioner. Before DeJung’s application was denied (in favor of a 43 year old), the Court’s presiding judge told him that the executive committee “want[s] somebody younger [for

People v. Roscoe, 169 Cal. App. 4th 829 (2008)

John and Ned Roscoe, officers, directors, and shareholders of a family company (The Customer Company) whose underground storage tank leaked over 3,000 gallons of gasoline into the ground, were found liable along with the company for $2,493,250 in civil penalties under the state’s “tank laws.” The Court of Appeal affirmed the judgment, holding that under

Larner v. Los Angeles Doctors Hosp. Associates, LP, 168 Cal. App. 4th 1291 (2008)

Josephine Larner, a nurse, sued her former employer, a hospital, for allegedly unpaid overtime. Larner brought the action on behalf of herself and all current and former nonexempt workers employed by defendants who failed to receive required premium overtime wages for the previous four years. The hospital successfully moved for

Brewer v. Premier Golf Properties, LP, 168 Cal. App. 4th 1243 (2008)

Christine Brewer, a waitress who had been employed at the Cottonwood Golf Club, quit her job and filed a complaint seeking damages for various alleged violations of the California Labor Code. After a jury trial, Brewer was awarded less than $1,000 for unpaid regular and overtime wages, $6,000 for unpaid meal and

EEOC v. Federal Express Corp., 543 F.3d 531 (9th Cir. 2008)

Tyrone Merritt filed this putative class action on behalf of himself and similarly situated African American and Latino employees, alleging that FedEx’s Basic Skills Test had a statistically significant adverse impact on African American and Latino employees. After issuing a right-to-sue notice to Merritt at his counsel’s request, the EEOC issued an administrative

Chicanos Por La Causa, Inc. v. Napolitano, 544 F.3d 976 (9th Cir. 2008)

In 2007, Arizona enacted the Legal Arizona Workers Act (the “Act”), which targets employers that hire illegal aliens and provides a principal sanction in the form of a revocation of state licenses to do business in Arizona. Various businesses and civil-rights organizations filed this lawsuit, asserting that the Act is preempted

Gunn v. Mariners Church, Inc., 167 Cal. App. 4th 206 (2008)

Robert Gunn sued the church for defamation, invasion of privacy and intentional infliction of emotional distress after the senior pastor announced to the congregation that the church had terminated Gunn from his pastoral position because he had admitted to (homosexual) acts, which the church considered to be a sin. The trial court granted

McDonald v. Antelope Valley Cmty. Coll. Dist., 45 Cal. 4th 88 (2008)

Plaintiffs in this case alleged racial harassment, discrimination and retaliation against the District. The trial court granted summary judgment to the employer with regard to Sylvia Brown’s claims on the ground they were barred by the statute of limitations applicable to claims asserted under the California Fair Employment and Housing Act (“FEHA”).