Anthony Oncidi

Anthony Oncidi

Proskauer Rose LLP

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Time Spent By Warehouse Workers In Security Screening Is Not Compensable Under Fair Labor Standards Act

The employer in this case, Integrity Staffing Solutions, Inc., provides staffing to Amazon.com throughout the United States. Plaintiffs Jesse Busk and Laurie Castro worked as hourly employees retrieving and packaging products...more

1/28/2015 - Amazon FLSA Integrity Staffing v Busk Internet Retailers NLRB Retailers SCOTUS Security Checks Wage and Hour

Employee Could Proceed With Whistleblower Lawsuit Based On Employer’s Mistaken Belief She Had Complained

Diego v. Pilgrim United Church of Christ, 231 Cal. App. 4th 913 (2014) - Cecilia Diego, the former assistant director of Pilgrim United’s preschool, sued her former employer for retaliation in violation of public...more

1/27/2015 - Adverse Employment Action Churches Employer Liability Issues Labor Code Public Policy Religious Institutions Retaliation Whistleblowers

Employee Could Proceed With Whistleblower Claim Based On Suspected Commercial Bribery

Linda Ferrick, a former senior administrator for Santa Clara University, claimed the termination of her employment resulted from her reporting that her supervisor had engaged in what Ferrick believed to be commercial bribery...more

1/26/2015 - Adverse Employment Action Appeals Bribery Employer Liability Issues Kickbacks Retaliation Universities Whistleblowers Wrongful Termination

School Teacher With Breast Cancer Could Proceed With Disability Discrimination Lawsuit

Lauralyn Swanson was a teacher for the Yucca Valley Elementary School who was diagnosed with breast cancer and underwent a mastectomy. After the district’s board of education voted not to renew Swanson’s contract, Swanson...more

1/23/2015 - ADA Board of Education EEOC Employer Liability Issues Interactive Process Reasonable Accommodation School Districts

Employee Who Was Sued By Former Employer Collects $271,000 From Employer

PCGH sued its former employee, Thomas Keck, to collect on an unpaid promissory note. Keck defended against the action by claiming that any money he owed PCGH was offset by monies PCGH owed him for unpaid bonus and severance...more

1/22/2015 - Employer Liability Issues Employment Contract Former Employee Promissory Notes Severance Agreements Severance Pay Unpaid Wages

$300,000 In Punitive Damages Upheld In Sexual Harassment Case Despite Nominal Damages Award

Angela Aguilar who worked in a copper mine for approximately 11 months claimed she was sexually harassed, retaliated against, subjected to intentional infliction of emotional distress and was constructively terminated from...more

1/21/2015 - Adverse Employment Action Attorney's Fees Employer Liability Issues Intentional Infliction of Emotional Distress Mining Punitive Damages Rare Earth Metals Retaliation Sexual Harassment Termination Title VII

California Employment Law Notes

Google Required To Produce Emails In Response To Former Employer's Subpoena - Negro v. Superior Court, 2014 WL 5341926 (Cal. Ct. App. 2014) - Navalimpianti USA, Inc. subpoenaed Google, Inc. to produce copies of...more

11/11/2014 - Email Employee Rights False Imprisonment Fitness for Duty Exams Google Harassment Hiring & Firing Subpoenas Termination Trucking Industry

California Employment Law Notes

Franchisor Is Not Liable For Franchisee's Alleged Sexual Harassment Of Its Employee - Patterson v. Domino's Pizza, LLC, 2014 WL 4236175 (Cal. S. Ct. 2014) - Taylor Patterson was hired by Sui Juris (a franchisee...more

9/9/2014 - Dominos Employer Liability Issues Franchisors Sexual Harassment Vicarious Liability

Louisiana Has Joined 16 Other States and Prohibits Employers from Accessing Employee Online Accounts

Effective August 1, 2014, Louisiana joined at least sixteen other states that have enacted laws prohibiting or restricting employers from accessing employees' personal online accounts – including social media (Twitter,...more

8/11/2014 - Corporate Counsel Employee Rights Passwords Right to Privacy Social Media

Employers Should Now Run—Not Walk—Toward Adopting Arbitration Agreements in California

Yesterday, the California Supreme Court issued its long-awaited decision in Iskanian v. CLS Transp. Los Angeles, LLC, upholding class action waivers in employment arbitration agreements. This means that the U.S. Supreme...more

6/25/2014 - Arbitration AT&T Mobility v Concepcion Class Action Class Action Arbitration Waivers CLS Transportation Employer Liability Issues Federal Arbitration Act Iskanian Mandatory Arbitration Clauses PAGA Trucking Industry

California Employment Law Notes - May 2014

Male Employee's Sexual Harassment Claims Should Not Have Been Dismissed - Lewis v. City of Benecia, 224 Cal. App. 4th 1519 (2014). Brian Lewis, a heterosexual man, sued his former employer (the City of Benecia)...more

5/14/2014 - Age Discrimination Class Certification Employee Rights Employer Liability Issues FICA Taxes Fitness for Duty Exams FMLA Hiring & Firing Public Employees Putative Class Actions Sarbanes-Oxley Severance Pay Sexual Harassment

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...more

3/31/2014 - Background Checks Ban the Box Criminal Background Checks

Raising Wages by Tightening the White-Collar Overtime Exemptions–The President’s Initiative

On Thursday, March 13, 2014, President Obama gave a short press conference and signed a Presidential Memorandum aimed at "updating and modernizing" overtime eligibility rules for white-collar workers. The Memorandum directs...more

3/19/2014 - Classification Compensation Agreements DOL Executive Compensation FLSA Over-Time White-Collar Exemptions

March 2014 California Employment Law Notes

Max Taylor worked as a floorhand on an oil rig where he alleged he was harassed by his supervisors who called him “queer,” “fagot [sic],” “homo,” and “gay porn star” and was subjected to other humiliating and harassing...more

3/12/2014 - Collective Bargaining Employer Liability Issues Harassment Hiring & Firing Jury Instructions Sexual Harassment Sexual Orientation Discrimination Termination Trucking Industry

California Employment Law Notes - March 2014

$150,000 Sexual Harassment Verdict And $680,000 Fee Award Affirmed - Taylor v. Nabors Drilling USA, LP, 222 Cal. App. 4th 1228 (2014) Max Taylor worked as a floorhand on an oil rig where he alleged he was...more

3/7/2014 - Oil & Gas Sexual Harassment

San Francisco "Bans the Box" for Private Employers and City Contractors

The Mayor of San Francisco recently signed an ordinance that prohibits private employers and city contractors and subcontractors (collectively "contractors") from asking job applicants about their criminal histories until...more

2/24/2014 - Arrest and Conviction Records Ban the Box Criminal Background Checks Employment Application Hiring & Firing Human Resources Professionals Municipalities Publication Requirement Recordkeeping Requirements Recruitment Policies

Another Fortune 500 Employer is Leaving California…

Charles Schwab announced last week that it is planning to move “a significant number of San Francisco-based jobs” out of state over the next three to five years. According to a recent article in Forbes, “Observers close to...more

2/21/2014 - Charles Schwab Payroll Taxes

Proskauer Wins Summary Judgment On Behalf Of Paramount Pictures

On December 16, we obtained summary judgment on behalf of our client, Paramount Pictures Corporation, in a case brought by a former paralegal in the studio’s Business Affairs Administration department. The plaintiff claimed...more

1/28/2014 - Motion Picture Industry Paramount Pictures Racial Discrimination Summary Judgment Termination

California Employment Law Notes - January 2014

TV Station's Failure To Hire Weather News Anchor Was Protected By Free Speech Rights - Hunter v. CBS Broadcasting, Inc., 221 Cal. App. 4th 1510 (2013) - Kyle Hunter sued CBS Broadcasting for age and gender...more

1/15/2014 - Age Discrimination CBS Free Speech Gender Discrimination Hiring & Firing Television Broadcast Stations

California Assembly Committee Rejects Flexible Workweek Bill

A bill that would have allowed California employers to offer employees a flexible workweek schedule has failed to pass the California Assembly Committee on Labor and Employment in a 5-2 party-line vote. The Committee rejected...more

1/13/2014 - Flex-Time Policies Flexible Work Arrangements Fluctuating Workweek Human Resources Professionals Non-Exempt Employees Wage and Hour

California Employment Law Notes - November 2013

Employer Was Entitled To "Substantial Motivating Factor" Jury Instruction - Alamo v. Practice Mgmt. Info. Corp., 219 Cal. App. 4th 466 (2013) - In one of the first appellate opinions to consider the new jury...more

11/12/2013 - Attorney's Fees Disability Disability Discrimination Distracted Driving Employer Liability Issues Jury Instructions Negligence Punitive Damages Substantial Motivating Factor Test Trade Secrets

Newly Enacted California Statutes

California has amended Cal. Lab. Code § 218.5 to limit the circumstances under which an employer may recover its attorney’s fees and costs as the prevailing party in a lawsuit in which an employee has sued for nonpayment of...more

11/7/2013 - Anti-Retaliation Provisions Attorney's Fees Domestic Violence Domestic Workers FEHA Flexible Work Arrangements Liens Military Service Members Minimum Wage Paid Leave Sexual Abuse Wages Whistleblowers

California Further Restricts Employer Use of Prior Convictions in Hiring Decisions

On October 10, 2013, Governor Jerry Brown approved S.B. 530 to further limit public and private employers from inquiring into or otherwise considering certain types of criminal convictions. The new law takes effect January 1,...more

11/6/2013 - Arrest and Conviction Records Criminal Background Checks Criminal Records Hiring & Firing Prior Conviction

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