The Domestic Worker Bill of Rights, which regulates the hours of work of domestic work employees who are personal attendants and provides an overtime compensation rate for those employees and which was scheduled to be repealed on January 1, 2017, will remain the law in California. (SB 1015.)
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 Journal, The 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 Journal, Bloomberg 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.
In-Home Supportive Services Workers Entitled To Paid Sick Leave
This bill, on and after July 1, 2018, entitles a provider of in-home supportive services who works in California for 30 or more days within a year from the commencement of employment to paid sick days. The bill requires the State Department of Social Services, in consultation with stakeholders, to convene a workgroup to implement paid sick leave for in-home supportive services providers and to…
Immigration-Related Protections Expanded
This bill makes it unlawful for an employer to request more or different documents than are required under federal immigration law, to refuse to honor documents tendered that on their face reasonably appear to be genuine, to refuse to honor documents or work authorization based upon the specific status or term of status that accompanies the authorization to work, or to reinvestigate or reverify an…
DFEH May Receive And Prosecute Complaints From Victims Of Human Trafficking
The Department of Fair Employment and Housing (the “DFEH”) can receive complaints from victims of human trafficking, and the agency is authorized to investigate, prosecute, mediate, conciliate and bring civil actions on behalf of such victims. (AB 1684.)
New California State Contractor Requirements
This bill requires a person that submits a bid or proposal to, or otherwise proposes to enter into or renew a contract with, a state agency with respect to any contract in the amount of $100,000 or more to certify, under penalty of perjury, at the time the bid or proposal is submitted or the contract is renewed that it is in compliance with the…
Actors’ Online Age Disclosures Restricted
This bill prohibits a commercial online entertainment employment service provider that enters into a contractual agreement to provide specified employment services to an individual paid subscriber from publishing information about the subscriber’s age in an online profile of the subscriber and would require the provider, within five days, to remove from public view in an online profile of the subscriber certain information regarding the subscriber’s…
Paid Family Leave Benefits Increased
Beginning January 1, 2018, the amount of paid family leave benefits increases from 55 percent of earnings to 60 or 70 percent of earnings, depending on the employee’s income (subject to a maximum weekly benefit limit). In addition, the current seven-day waiting period to receive benefits is eliminated. (AB 908.)
New Notice Regarding Domestic Violence, Sexual Assault And Stalking Protections
Existing law prohibits an employer from discharging or in any manner discriminating or retaliating against an employee who is a victim of domestic violence, sexual assault, or stalking for taking time off from work for specified purposes related to addressing the domestic violence, sexual assault, or stalking. This bill requires employers to inform each employee of his or her rights established under those laws by…
Settlement Provisions Limiting Disclosure Of Information Regarding Sex Offenses Are Prohibited
A provision within a settlement agreement that prevents the disclosure of factual information that establishes a cause of action for civil damages for a felony sex offense; an act of childhood sexual abuse; an act of sexual exploitation of a minor; or an act of sexual assault against an elder or dependent adult that is entered into on or after January 1, 2017 is void…
Indoor Heat Illness Regulations Mandated
This bill requires by January 1, 2019 that the Division of Occupational Safety and Health propose to the Occupational Safety and Health Standards Board for the board’s review and adoption, a heat illness and injury prevention standard applicable to workers working in indoor places of employment. (SB 1167.)