President-elect Trump’s strong base with blue collar workers helped him win yesterday’s election, despite significant union backing for Hillary Clinton during the campaign. Trump has not, however, revealed details on how he plans to address issues of interest to the unionized workforce beyond backing out of international trade treaties, such as the Trans-Pacific Partnership, and
Tony Oncidi
Anthony J. Oncidi is the co-chair 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.
Wage and Hour Implications with President-Elect Trump
Aside from proposing potential carve-outs for small businesses under the new overtime rules that go into effect on December 1, 2016 and supporting six weeks of paid maternity leave, President-elect Trump has not discussed in significant detail how, if at all, he plans to address issues involving workers’ rights. However, it is possible to predict…
Louisiana Has Joined 16 Other States and Prohibits Employers from Accessing Employee Online Accounts
On August 1, 2014, Louisiana’s “Personal Online Account Protection Act,” codified as La. Rev. Stat. §§ 28:1951-1955, went into effect. Louisiana has joined sixteen other states that have enacted laws prohibiting or restricting employers from accessing employees’ personal online accounts – including social media (Twitter, Facebook or similar sites), email accounts, or any other online…
Employers Should Now Run – Not Walk – Toward Adopting Arbitration Agreements in California
Today, the California Supreme Court issued its long-awaited decision in Iskanian v. CLS Transp. Los Angeles, LLC, Case No. S204032, upholding class action waivers in employment arbitration agreements. This means that the U.S. Supreme Court’s 2011 opinion in AT&T Mobility LLC v. Concepcion is to be given full force and effect in the employment setting in California. That said, however, Iskanian distinguishes the right of an employee to bring a representative action under California’s Private Attorneys General Act of 2004 (“PAGA”) and holds that such claims may not be barred in an arbitration agreement.
San Francisco Releases “Ban the Box” Notice for Posting and Distribution
San Francisco’s new Fair Chance Ordinance (“FCO”) “bans the box” and otherwise restricts private employers and City contractors from inquiring into or considering certain criminal offenses when making hiring and personnel decisions. One of the requirements of the FCO is for employers and contractors to post and distribute a written notice of rights, which San…
Raising Wages by Tightening the White-Collar Overtime Exemptions–The President’s Initiative
Last week, President Obama directed the U.S. Department of Labor to revise and modernize the “white- collar” overtime exemptions of the Fair Labor Standards Act to extend overtime benefits to a broader range of workers. This alert summarizes the President’s Memorandum, outlines what employers might expect in the coming months, and reminds employers to remain…