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.

Gregory v. SCIE, LLC, 317 F.3d 1050 (9th Cir. 2003)

Rodney Gregory, a member of Local 44 of the IATSE union, filed an action in state court alleging a violation of the California Labor Code and Wage Orders for SCIE’s failure to pay him premium wage rates for overtime work he had performed. SCIE removed the action to federal court on the ground that

Colores v. Bd. of Trustees of the Cal. State Univ., 105 Cal. App. 4th 1293 (2003)

Lillian Colores, a former director of procurement, contracts and support services for California State University, Los Angeles, alleged that she was constructively terminated in violation of public policy. Nine years after she began working at the university (and 12 years before she applied for and received disability retirement),

Jensen v. Amgen, Inc., 105 Cal. App. 4th 1322 (2003)

Darcy Jensen, who was employed at Amgen as a module team coordinator, alleged that she sustained injuries after she was exposed to mold on Amgen’s premises. Jensen filed a lawsuit asserting causes of action for fraudulent concealment of injuries under Labor Code § 3602(b)(2), battery and unfair business practices. The trial court granted Amgen’s

Northrop Grumman Corp. v. WCAB, 103 Cal. App. 4th 1021 (2002)

Robert C. Graves filed a workers’ compensation claim for psychiatric injuries he allegedly sustained following an investigation into his alleged racial discrimination against a subordinate employee whom he supervised at Northrop Grumman. The workers’ compensation judge (and the WCAB) found that the psychiatric injury caused Graves permanent disability of 20 percent, that further

Doe 1 v. City of Murrieta, 102 Cal. App. 4th 899 (2002)

In this case, a Murrieta police officer sexually abused two 16- year-old girls who were participants in the Murrieta Police Department’s Explorer Program. The minors alleged that the City of Murrieta was vicariously liable for the police officer’s sexual misconduct. The trial court sustained the city’s demurrer without leave to amend to

Falkowski v. Imation Corp., 309 F.3d 1123 (9th Cir. 2002)

This class action litigation arose from a merger in which Imation Corporation, a publicly traded company, acquired Cemax-Icon, a closely held company in the medical information management business. A year after the merger, Imation sold the Cemax subsidiary to Eastman Kodak Company. The plaintiffs are a group of former Imation employees who alleged breach

Alexander v. Codemasters Group Ltd., 104 Cal. App. 4th 129 (2002)

Craig Alexander alleged breach of contract against Codemasters (a United Kingdom-based computer game company) for its failure to provide Alexander (a former executive with the company) with options to purchase 35,000 shares of Codemasters’ stock at an exercise price of $3.25 per share. In its successful motion for summary judgment, Codemasters asserted that

Bui v. AT&T, 310 F.3d 1143 (9th Cir. 2002)

Nga Bui brought this action on behalf of her deceased husband’s estate against various parties, including his former employers, AT&T and Lucent Technologies. Bui’s husband, Hung M. Duong, died at Erfan Hospital in Jeddah, Saudi Arabia, after undergoing two unsuccessful operations and suffering two myocardial infarctions. In the week before his death, Duong had to

Cadence Design Sys. v. Avant! Corp., 29 Cal. 4th 215 (2002)

In this case, the California Supreme Court answered the following question of law certified to it from the United States Court of Appeals for the Ninth Circuit: Under the California Uniform Trade Secrets Act (UTSA), when does a claim for trade secret infringement arise: only once, when the initial misappropriation occurs, or with

Valerio v. Andrew Youngquist Constr., 103 Cal. App. 4th 1264 (2002)

Andrew Youngquist Construction (a general contractor doing business as Birtcher Construction Services) solicited bids from subcontractors to build the Brenden Theater complex in Vacaville. Birtcher awarded Valerio the painting subcontract on the condition that he submit a performance bond. Valerio began working on the project even though he had not received an executed