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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Trujillo v. City of Los Angeles, 2022 WL 15119812 (Cal. Ct. App. 2022) In a negligence case, the City of Los Angeles made a settlement offer to the plaintiff pursuant to Cal. Code Civ. Proc. § 998 a few days before the hearing on defendant’s motion for summary judgment. Just four minutes after the court … Continue Reading
Price v. Victor Valley Union High Sch. Dist., 2022 WL 16845113 (Cal. Ct. App. 2022) La Vonya Price worked as a part-time substitute special education aide at the Victor Valley Unified School District before applying for a full-time position. Although she received an offer for a full-time position, it was contingent upon her passing a … Continue Reading
Killgore v. SpecPro Prof’l Servs., LLC, 51 F.4th 973 (9th Cir. 2022) While consulting for an environmental project for the United States Army Reserve Command, Aaron Killgore believed he was being required to prepare an environmental assessment in a manner that violated federal law. Killgore was fired shortly after he reported the suspected illegality to … Continue Reading
Allen v. Staples, Inc., 84 Cal. App. 5th 188 (2022) Joyce Allen worked at Staples as a field sales director (FSD) reporting to area sales vice president Bruce Trahey; FSD Charles R. Narlock also reported to Trahey. As part of a corporate reorganization in February 2019, Trahey informed Allen and several other FSDs of his … Continue Reading
In the continuously evolving whistleblower retaliation standard we previously reported on earlier this year here and here, the Ninth Circuit has now weighed in on California Labor Code section 1102.5 in Killgore v. Specpro Pro. Serv., LLC, No. 21-15897. In holding that a consultant on an environmental project for the U.S. Army Reserve Command raised … Continue Reading
We invite you to review our newly-posted October 2022 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include: Hollywood Producer Is Not Liable For Drowning Death Of Executive Assistant Employer May Not Inquire Into Former Employee’s Immigration Status Workers’ Comp Determination Does Not Govern … Continue Reading
Johar v. CUIAB, 2022 WL 4139848 (Cal. Ct. App. 2022) Reena Johar, a home improvement sales person, left work to care for a terminally ill relative, but after just one week, the employer “decided she had quit” and gave her no new sales appointments. Although Johar told the Employment Development Department that she lost her … Continue Reading
Malloy v. Superior Court, 2022 WL 4298371 (Cal. Ct. App. 2022) Eleanor Malloy began working remotely for her employer (which was located in Orange County) at her home in Los Angeles County in March 2020 due to the COVID-19 pandemic. Malloy filed a complaint in the Los Angeles Superior Court, alleging pregnancy discrimination under the … Continue Reading
Meda v. AutoZone, Inc., 81 Cal. App. 5th 366 (2022) Monica Meda worked as a sales associate at an AutoZone for approximately six months before quitting and suing for violation of the Private Attorneys General Act (“PAGA”), asserting AutoZoners (the operating company for AutoZone) had failed to provide suitable seating to employees at the cashier … Continue Reading
Technology Credit Union v. Rafat, 82 Cal. App. 5th 314 (2022) Technology Credit Union (“TCU”) obtained a Workplace Violence Restraining Order (“WVRO”) against one of its members (Matthew Mehdi Rafat) based on TCU’s evidence that Rafat allegedly made a credible threat of violence against M.L., one of TCU’s employees. The Court of Appeal reversed the … Continue Reading
Kaur v. Foster Poultry Farms LLC, 2022 WL 4243090 (Cal. Ct. App. 2022) Gurdip Kaur sued her former employer, Foster Farms, for discrimination based on disability and race/national origin, retaliation and violation of the whistleblower statute (Cal. Lab. Code § 1102.5). Prior to filing this lawsuit, Kaur filed a petition against Foster Farms with the … Continue Reading
Manuel v. Superior Court, 82 Cal. App. 5th 719 (2022) Rigoberto Jose Manuel sued his former employer, BrightView Landscape Services, Inc., for wrongful termination after he was injured on the job. Manuel alleged his employment was terminated in retaliation for his job injury; BrightView asserted that Manuel failed to return to work due to federal … Continue Reading
Musgrove v. Silver, 82 Cal. App. 5th 694 (2022) As part of an entourage of family and friends, a Hollywood producer (Joel Silver) brought his executive assistant (who was employed through Silver’s company) as well as a French chef Silver personally employed to a luxurious resort in Bora Bora, French Polynesia to attend the August … Continue Reading
It just wouldn’t be Fall without the passage of a flurry of new laws, shaking up the employment landscape in California. As of the close of the legislative session on August 31, several “job killer” bills (so called by the California Chamber of Commerce as reported here and here) passed the state legislature and are … Continue Reading
On September 5, 2022, Governor Gavin Newsom signed the Fast Food Accountability and Standards Recovery Act or FAST Recovery Act (AB-257). In a breathtaking move, the state government, which is dominated at all levels by union-friendly politicians, will appoint a 10-member Council composed of employees, employers and “union activists” to set the minimum wages and … Continue Reading
As we previously reported here, in Chamber of Commerce of the U.S.A. v. Bonta, 13 F.4th 766 (9th Cir. 2021), a three member panel of the Ninth Circuit Court of Appeals resurrected California Labor Code Section 432.6, which prohibited employers from requiring California employees to agree to arbitrate their employment-related disputes. In a new twist, … Continue Reading
The Los Angeles County Superior Court has confirmed an arbitrator’s October 2021 award of $31 million to be paid by actor Kevin Spacey to producers of the Netflix show House of Cards for Spacey’s alleged breach of contract. As we previously reported, the producers alleged that Spacey was responsible for millions of dollars in costs … Continue Reading
On July 7, 2022, Mayor Eric Garcetti signed the “Healthcare Workers Minimum Wage Ordinance” (“Ordinance”) which, effective August 13, 2022, increases the minimum wage to $25 per hour for healthcare workers employed at privately-owned healthcare facilities within the City of Los Angeles. Beginning January 1, 2024, the minimum wage will increase annually based on the … Continue Reading
We invite you to review our newly-posted July 2022 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include: Summary Judgment Was Properly Granted To Employer In Whistleblower Case Job Applicants Need Not Be Paid For Time/Expenses Associated With Drug Testing Employer May Have … Continue Reading
Naranjo v. Spectrum Sec. Servs., Inc., 13 Cal. 5th 93 (2022) Gustavo Naranjo alleged that his employer had not provided an additional hour of pay for each day on which Spectrum failed to provide employees with a legally compliant meal break (i.e., had failed to provide “premium pay” pursuant to Cal. Lab. Code § 226.7). … Continue Reading
Belaustegui v. International Longshore & Warehouse Union, 2022 WL 2036385 (9th Cir. 2022) Leon Belaustegui left his job as an entry-level longshore worker to enlist in the U.S. Air Force. After nine years of active duty in the Air Force, he returned to work as a longshoreman and requested a promotion to the position he … Continue Reading
Cardenas v. Horizon Senior Living, Inc., 78 Cal. App. 5th 1065 (2022) The victim of a felony has an extended statute of limitations in which to bring an action for personal injury or wrongful death against the person convicted of that felony pursuant to Cal. Code Civ. Proc. § 340.3 (“Section 340.3”). Mauricio Cardenas (who … Continue Reading
Ratha v. Phatthana Seafood Co., 35 F.4th 1159 (9th Cir. 2022) Plaintiffs in this case (Cambodian villagers) alleged they had been trafficked into Thailand and subjected to forced labor at seafood processing factories in violation of the Trafficking Victims Protection Reauthorization Act (18 U.S.C. § 1595) (“TVPRA”). The district court granted defendants’ summary judgment motion, … Continue Reading
Hebert v. Barnes & Noble, Inc., 78 Cal. App. 5th 791 (2022) The federal Fair Credit Reporting Act (“FCRA”) requires an employer to provide a job applicant with a standalone disclosure stating that the employer may obtain the applicant’s consumer report when making a hiring decision. In this putative class action, Vicki Hebert alleged that … Continue Reading
Offer To Settle Expired When The Court Granted Summary Judgment Motion
By Tony Oncidi on Posted in Negligence, Settlement
School District Employee May Have Been Discriminated Against On The Basis Of A Disability
Whistleblower Claim Should Not Have Been Dismissed In Part
By Tony Oncidi on Posted in Retaliation, Whistleblowers, Wrongful Termination
Equal Pay Act Claim Should Not Have Been Dismissed
The Ninth Circuit Adopts Broad View of Whistleblower Retaliation Claim under the California Whistleblower Protection Act
October 2022 California Employment Law Notes
By Tony Oncidi on Posted in California Labor Code, Coronavirus, COVID-19, Disability, Discrimination, Employer Liability for Worker's Actions, Employment Law Notes, Immigration, Labor Code § 132, Leaves of Absence, Liability for Employee's Actions Outside the Workplace, Off-the-clock Issues, PAGA, Reasonable Accommodation, Retaliation, Serious Health Conditions, Statute of Limitations, Whistleblowers, Workplace Violence, Wrongful Termination
Employee Who Left Work To Care For Ill Relative Did Not Quit Her Employment And Was Eligible For Unemployment Benefits
By Tony Oncidi on Posted in Leaves of Absence, Serious Health Conditions
FEHA Employee Who Was Working Remotely May Sue In County Where She Lived
By Tony Oncidi on Posted in Coronavirus, COVID-19, Discrimination
AutoZone May Not Have “Provided” Suitable Seating To Employees
By Tony Oncidi on Posted in PAGA, Reasonable Accommodation
Workplace Violence Restraining Order Reversed Absent Credible Threat Of Violence
By Tony Oncidi on Posted in Workplace Violence
Workers’ Comp Determination Does Not Govern Outcome Of Discrimination Case
Employer May Not Inquire Into Former Employee’s Immigration Status
By Tony Oncidi on Posted in Immigration, Retaliation, Wrongful Termination
Hollywood Producer Is Not Liable For Drowning Death Of Executive Assistant
California Employment Laws Passed and Pending
California Creates Unelected Council to Set Minimum Wages/Working Conditions of 500,000 Fast Food Workers
EMPLOYMENT ARBITRATION AGREEMENTS REMAIN LEGAL IN CALIFORNIA – AT LEAST FOR NOW!
California Court Confirms Kevin Spacey Must Pay $31 Million to House of Cards Producers
By Tony Oncidi and Dixie Morrison on Posted in #MeToo, Breach of Contract, Entertainment Industry, Sexual Harassment
Mayor Garcetti Signs “Healthcare Workers Minimum Wage Ordinance” Increasing Minimum Wage to $25
July 2022 California Employment Law Notes
By Tony Oncidi on Posted in California Labor Code, California Labor Code Section 202, California Labor Code Section 203, Class Actions, Collective Bargaining, Drug Testing, Employment Applications, Employment Law Notes, Hiring, Jurisdiction, Labor Code § 226, Meal Periods and Rest Breaks, Military Leave, Retaliation, Statute of Limitations, Workers Compensation
Meal/Rest Break Premium Pay Is A “Wage” For Purposes Of Wage Statements And Timely Pay Requirements
After Nine Years Of Service In The Air Force Employee Is Entitled To Promotion He Might Have Received With His Employer
By Tony Oncidi on Posted in Collective Bargaining, Military Leave
Extended Statute Of Limitations Does Not Apply To Employer Of Felon
By Tony Oncidi on Posted in California Labor Code, Statute of Limitations
Foreign Companies That Allegedly Trafficked Cambodians Did Not Have Sufficient Contacts With US
By Tony Oncidi on Posted in Jurisdiction
Employer May Have Willfully Violated FCRA By Not Providing Employees Proper Background Check Notice
By Tony Oncidi on Posted in Class Actions, Employment Applications, Hiring
