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.

Goldberg v. Warner/Chappell Music, Inc., 125 Cal. App. 4th 752 (2005)

Ilene Goldberg sued her former employer, Warner/Chappell Music, and her former supervisor for wrongful termination, discrimination, and retaliation for “whistle blowing,” among other things. Goldberg moved to disqualify Warner’s counsel, the law firm of Mitchell Silberberg & Knupp LLP (MS&K), on the ground that six years earlier she had consulted with an MS&K

Estrada v. RPS, Inc., 125 Cal. App. 4th 976 (2005)

Anthony Estrada, a former driver for RPS, alleged unfair business practices under Business & Professions Code § 17200, contending that RPS unlawfully classified its pickup and delivery drivers as “independent contractors” rather than employees and, as a result, had failed to reimburse them for employment-related expenses as required by Labor Code § 2802. After

Moran v. Murtaugh, Miller, Meyer & Nelson, 126 Cal. App. 4th 323 (2005)

Gene Moran was hired as a paralegal by the Murtaugh, Miller law firm. Shortly thereafter, one of the firm’s associates conducted a computerized legal database search and discovered that Moran had several felony convictions in his past, including grand theft and second-degree burglary. The associate notified a number of the firm’s

Steinhebel v. Los Angeles Times Communications, 126 Cal. App. 4th 696 (2005)

Kurt Steinhebel and other telesales employees of the Los Angeles Times sold newspaper subscriptions and received commissions for those sales. Under the Telesales Agreement, a “chargedback order (when a customer does not keep the paper for at least 28 days)” was not a commissionable order. The employees received commission advances against which

Honeywell v. WCAB, 35 Cal. 4th 24 (2005)

William Wagner, a sheet metal specialist for Honeywell, claimed work-related injuries to his body and psyche due to employment. On July 20, 1998, Wagner made statements that management was prejudiced against him and hampered his promotion and transfer, that he could not “take it anymore,” and that his doctor had prescribed medication for work stress. On

CIR v. Banks, 543 U.S. 426, 125 S. Ct. 826 (2005)

In these consolidated cases, John W. Banks, II and Sigitas J. Banaitis failed to report as income portions of a settlement (in Banks’s case) and a favorable judgment (in Banaitis’s case) that were paid to their attorneys. The United States Supreme Court held that when a litigant’s recovery constitutes income, the income includes

Mondero v. Salt River Project, 400 F.3d 1207 (9th Cir. 2005)

Sylvia Mondero sued the Salt River Project under Title VII of the Civil Rights Act of 1964, alleging gender discrimination associated with the Project’s failure to give her the opportunity to serve as an operations journeyman in an experimental program offered to several male employees that provided on-the-job training and a guarantee of

ReadyLink Healthcare v. Cotton, 126 Cal. App. 4th 1006 (2005)

ReadyLink obtained an injunction against Jerome Cotton, a former employee, prohibiting Cotton from soliciting ReadyLink employees and customers and from using or disclosing ReadyLink’s trade secrets and confidential information. ReadyLink fired Cotton for stealing ReadyLink records containing proprietary and confidential information. During a search of his residence and storage locker (to which Cotton consented),

Krell v. Gray, 126 Cal. App. 4th 1208 (2005)

Robert Krell, the assistant principal at Pacoima Middle School, issued a reprimand to Fleming Gray, a substitute teacher at the school, after Gray refused to permit one of his students to use the restroom during class. Gray filed a grievance with the LAUSD, and the matter was settled by removing the reprimand from Gray’s file

Leonel v. American Airlines, Inc., 400 F.3d 702 (9th Cir. 2005)

Walber Leonel and two other individuals applied for flight attendant positions with American Airlines. Plaintiffs were interviewed in Dallas and received conditional offers of employment, contingent upon their passing background checks and medical examinations. Although none of the applicants disclosed his HIV-positive status or related medications, American conducted tests on the blood samples