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.

We invite you to review our newly-posted September 2018 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include:

Connor v. First Student, Inc., 2018 WL 3966434 (Cal. S. Ct. 2018)

Eileen Connor worked as a school bus driver for Laidlaw Education Services, a company that was later acquired by First Student.  First Student retained a consumer reporting agency to conduct background checks on its employees.  The background reports elicited information about the employees, including their criminal records, sex offender registry status,

United States v. California, 314 F. Supp. 3d 1077 (E.D. Cal. 2018)

United States District Judge John A. Mendez issued an order enjoining California from enforcing parts of the California Immigration Workers Protection Act (Assembly Bill 450), a new state law that restricts private employers from cooperating with federal immigration enforcement.  Among other things, the law imposes fines on private employers of

Golden v. California Emergency Physicians Med. Group, 896 F.3d 1018 (9th Cir. 2018)

Donald Golden, M.D. is an emergency-room doctor formerly affiliated with the California Emergency Physicians Medical Group (“CEP”), a large consortium of over 1,000 physicians that manages or staffs many emergency rooms in California and other western states. Dr. Golden sued CEP for various claims, including racial discrimination. Prior to trial,

Caldera v. California Department of Corr. & Rehab., 25 Cal. App. 5th 31 (2018)

Augustine Caldera is a correctional officer at a state prison who stutters when he speaks.  Caldera alleged that the prison’s employees, including a supervisor, “mocked and mimicked” his stutter at least a dozen times over a period of two years.  Caldera sued the CDCR for disability harassment, failure to

The Chippewa Cree Tribe of the Rocky Boy’s Reservation v. United States Dep’t of the Interior, 2018 WL 3978542 (9th Cir. 2018)

Ken St. Marks, a member of the Chippewa Cree Tribe, informed the United States Department of the Interior (the “Department”) that he believed members of the Tribe’s governing body were misusing federal stimulus funds that were awarded to the Tribe pursuant

Hicks v. PGA Tour, Inc., 897 F.3d 1109 (9th Cir. 2018)

Professional golf caddies sued the PGA Tour, contending they should not be compelled to wear bibs featuring advertising sold by the Tour and local hosts of the PGA tournaments.  The caddies allege contract, quasi-contract, publicity and unfair competition claims under California law, a false endorsement claim under the Lanham Act and antitrust

Lacagnina v. Comprehend Sys. Inc., 25 Cal. App. 5th 955 (2018)

David Lacagnina sued his former employer for fraud, breach of contract, breach of the implied covenant of good faith and fair dealing and “theft of labor by false pretenses” in violation of Cal. Pen. Code §§ 484 and 496.  The jury awarded $556,446 in damages, including $226,446 in damages for fraud and

Monster Energy Co. v. Schechter, 26 Cal. App. 5th 54 (2018)

The attorneys for two individuals who had sued Monster Energy Company signed and approved as to “content and form” a confidential settlement agreement between the individuals and Monster.  During an interview with a reporter for lawyersandsettlements.com, one of the plaintiffs’ attorneys disclosed information that was subject to the confidentiality provision of the

King v. CompPartners, Inc., 2018 WL 4017874 (Cal. S. Ct. 2018)

Two physician-utilization reviewers acting on behalf of Kirk King’s employer determined that a treatment that had been recommended for King (an employee who had suffered an injury covered by workers’ compensation) was not “medically necessary” and decertified the prescription without providing for a weaning regimen.  Upon being denied the prescription, King suffered a