Anthony Oncidi

Anthony Oncidi

Proskauer Rose LLP

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California employers must relieve their employees of all duties during breaks

$90 Million Judgment Reinstated: Employers Must Relieve Employees Of All Duties During Their Break Time - This week, the California Supreme Court ruled that California law strictly prohibits on-duty rest periods. “What...more

12/24/2016 - Appeals CA Supreme Court Class Action Employer Liability Issues On-Call Employees Remedies Rest and Meal Break Security Guards Wage and Hour

Los Angeles’ New “Ban the Box” Ordinance Prohibits Employers From Asking Job Applicants About Their Criminal History

On December 9, Los Angeles Mayor Eric Garcetti signed the “Fair Chance Initiative” into law. The new law, also referred to as the “Ban the Box” ordinance, restricts employers in the City of Los Angeles from asking job...more

12/14/2016 - Background Checks Ban the Box Conditional Job Offers Corporate Counsel Criminal Background Checks Employer Liability Issues Employment Discrimination Fair Chance Act Hiring & Firing Job Applicants Local Ordinance

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...more

11/10/2016 - Donald Trump Labor Regulations Maternity Leave Minimum Wage Pay Equity Laws Presidential Elections Repeal Sick Pay Wage and Hour

What’s Next for Traditional Labor with President-Elect Trump in Office?

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...more

11/9/2016 - Donald Trump Free Trade Agreements Labor Regulations NLRB Persuader Rules Presidential Elections Repeal Unions

FAQ About California’s New Law on Venue and Choice of Law in Employment Agreements

We recently blogged about Governor Brown signing S.B. 1241, which is now codified as Section 925 of the California Labor Code. The law, which affects venue and choice of law provisions in agreements entered into as a...more

10/28/2016 - Arbitration Arbitration Agreements Attorney's Fees Choice-of-Law Contract Terms Employment Contract Federal Arbitration Act Foreign Jurisdictions Forum Selection New Legislation Preemption Venue

FAQ About California's New Law on Venue and Choice of Law in Employment Agreements

We recently blogged about Governor Brown signing S.B. 1241, which is now codified as Section 925 of the California Labor Code. The law, which affects venue and choice of law provisions in agreements entered into as a...more

10/26/2016 - Arbitration Arbitration Agreements Attorney's Fees Choice-of-Law Contract Terms Employment Contract Federal Arbitration Act Foreign Jurisdictions Forum Selection New Legislation Venue

California Broadens Its “Fair Pay Act” to Prohibit Race And Ethnicity Discrimination

Around this time last year, Section 1197.5 of the California Labor Code was amended by S.B. 358 in order to “eliminate the gender wage gap in California.” Among other things, the amendment sought to increase wage transparency...more

10/4/2016 - Corporate Counsel Employer Liability Issues Equal Pay Gender Discrimination Gender Equity Gender-Based Pay Discrimination New Legislation Pay Equity Laws Pay Gap Sex Discrimination Wage and Hour

California Requires Single-Occupancy Restrooms To Be “All Gender”

On the heels of North Carolina’s controversial legislation, which requires that people use the public restroom that corresponds to their biological gender rather than the gender with which they identify, California has gone...more

10/3/2016 - Gender Discrimination Gender Identity New Legislation Restroom Legislation Sexual Orientation Discrimination

CA Governor Signs Bill Allowing Actors to Delete Their Age from Online Profiles

On September 24, 2016, California Gov. Jerry Brown signed A.B. 1687 – a measure aimed at preventing age discrimination against film, television, and other professionals in the entertainment industry whose ages could be viewed...more

9/30/2016 - ADEA Age Discrimination Discrimination Entertainment Industry Film Industry Hiring & Firing Motion Picture Industry Movies New Legislation Online Platforms Targeted Employment Area Television Programming

California Prohibits Employers from Considering Juvenile Criminal Convictions

In the past, a California employer could freely inquire about and consider a job applicant’s history of criminal convictions in determining any condition of employment including hiring, promotion, or termination. Although...more

9/29/2016 - Criminal Background Checks Criminal Records Hiring & Firing Job Applicants Juveniles Minors New Legislation

California Protects Employees’ Rights to Have Their Claims Heard in the State, Under California Law

In recent years, some employers doing business in the Golden State have required their employees to sign arbitration and employment agreements that require the employee to sue or arbitrate in – or under the law of – another...more

9/27/2016 - Arbitration Arbitration Agreements Class Action Class Action Arbitration Waivers Employee Handbooks Employment Contract Mandatory Arbitration Clauses New Legislation

California Employment Law Notes - September 2016

Ninth Circuit Strikes Down Employer's Class Action Waiver - Morris v. Ernst & Young, LLP, 2016 WL 4433080 (9th Cir. 2016) - As a condition of employment, Stephen Morris and Kelly McDaniel were required to sign...more

9/12/2016 - Amusement Parks Arbitration Attorney's Fees Civil Rights Act Class Action Class Action Arbitration Waivers DFEH EEOC Ernst & Young FEHA FLSA FMLA Hiring & Firing Mandatory Arbitration Clauses Native American Issues NLRA Over-Time Prompt Payment Race Discrimination Removal Retirement Plan Sovereign Immunity Title VII Wage and Hour

Value Insights: Delivering Value in Labor and Employment Law survey

Proskauer's Labor and Employment Law Department released its Value Insights: Delivering Value in Labor and Employment Law survey, a resource that illuminates current practices and future trends in managing labor and...more

5/23/2016 - Alternative Fee Arrangements Arbitration Agreements Class Action Electronically Stored Information FLSA Harassment Human Resources Professionals In-House Perspective Litigation Fees & Costs Race Discrimination Risk Mitigation Surveys

San Francisco Approves City Ordinance Providing For Fully Paid Parental Leave

In yet another recent development on the hot topic of paid family leave, the San Francisco Board of Supervisors has unanimously approved local legislation requiring businesses to provide employees with up to 6 weeks of fully...more

4/11/2016 - Local Ordinance Paid Leave Parental Leave San Francisco Wage and Hour

California Employment Law Notes - March 2016

Nuclear Plant Maintenance Manager's Whistleblower Claim Was Properly Dismissed - Sanders v. Energy Northwest, 2016 WL 560809 (9th Cir. 2016) - David W. Sanders, a maintenance manager for Energy Northwest (a...more

3/17/2016 - Bonuses Breach of Contract Campbell Ewald v Gomez Class Action Class Representatives DOL Employee Training Employment Contract Energy Reorganization Act FLSA Mootness Over-Time Protected Activity Putative Class Actions Reimbursements Retaliation Rule 68 SCOTUS Tip Credit Tip-Pooling Tolling Unjust Enrichment Wage and Hour Whistleblowers

California Employment Law Notes - January 2016

Court Reverses $1 Million Discrimination Verdict Entered Against LA Fire Department - Jumaane v. City of Los Angeles, 241 Cal. App. 4th 1390 (2015) - Jabari Jumaane, an African-American firefighter with the Los...more

1/14/2016 - Class Certification FLSA Misappropriation On-Duty Meal Period Waivers Putative Class Actions Race Discrimination Retaliation Trade Secrets Workplace Injury Wrongful Termination

California Employment Law Notes - November 2015

Newly Enacted California Statutes - Paid Sick Leave Law Is Amended - The amendments to the law include a clarification as to who is a covered worker; alternative accrual and payment methods; and a grandfather...more

11/11/2015 - Anti-Retaliation Provisions Discrimination E-Verify Fair Pay Act Grocery Store Workers Labor Commissioners On-Duty Meal Period Waivers Piece-Rate Pay Sick Leave Termination Wage and Hour Wage Statements Whistleblowers

Federal Court Dismisses Computer Fraud and Abuse Act Claim That Was Filed Against Our Clients

Here’s a recent victory we obtained on behalf of our clients SunEdison, Inc., et al. The individual defendants (then-current employees of SunPower, Inc.) were alleged to have violated the federal Computer Fraud and Abuse Act...more

9/23/2015 - Computer Fraud and Abuse Act (CFAA) Data Theft Hackers Misappropriation Motion to Dismiss Subject Matter Jurisdiction SunPower

California Legislature Targets Employment Arbitration Agreements

It is no secret that California is no friend to arbitration agreements. As the United States Supreme Court noted in its 2011 opinion in AT&T Mobility LLC v. Concepcion, “California’s courts have been more likely to hold...more

8/26/2015 - Arbitration Agreements AT&T Mobility v Concepcion Class Action Arbitration Waivers Conditional Job Offers Corporate Counsel Discrimination Employer Liability Issues Federal Arbitration Act Job Applicants Pending Legislation Retaliation SCOTUS Unconscionable Contracts Void and Unenforceable Waivers

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