Anthony Oncidi

Anthony Oncidi

Proskauer Rose LLP

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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 - 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

Muslim Applicant Can Proceed With Religious Discrimination Lawsuit

Samantha Elauf, a practicing Muslim, wore a headscarf when she interviewed for a job with Abercrombie & Fitch. Although the headscarf was not discussed during the interview, the store allegedly decided not to offer Elauf a...more

7/30/2015 - Abercrombie & Fitch Disparate Treatment Dress Codes EEOC EEOC v Abercrombie Employer Liability Issues Hiring & Firing Religious Accommodation Religious Discrimination Retailers SCOTUS

Employee’s Inability To Work For A Particular Supervisor Does Not Constitute A “Disability”

Higgins-Williams v. Sutter Med. Found., 237 Cal. App. 4th 78 (2015) - Michaelin Higgins-Williams worked as a clinical assistant in Sutter’s Shared Services Department. Higgins-Williams reported to her treating physician that...more

7/29/2015 - Adverse Employment Action California Family Rights Act (CFRA) Disability Discrimination FEHA FMLA Hiring & Firing Reasonable Accommodation Sutter Health Work-Induced Stress

California is at it Again! Chamber of Commerce Releases Its 2015 List of “Job Killer” Bills

The Chamber of Commerce has just released its preliminary list of “job killer” bills that have been proposed in the California Legislature. Don’t forget that California remains tied with Louisiana for the fourth highest rate...more

4/21/2015 - Arbitration Chamber of Commerce Human Resources Professionals Minimum Wage Restaurant Industry Retailers Work Schedules

Second-Place Bidder On Public Works Contract Could Proceed With Tortious Interference Claim

Between 2009 and 2012, American Asphalt South, Inc. (“American”) outbid Roy Allan Slurry Seal, Inc. (“Allan”) or Doug Martin Contracting, Inc. (“Martin”) on 23 public works contracts totaling more than $14.6 million to apply...more

3/25/2015 - Construction Industry Government Contractors Highways Public Contracts Public Projects Tortious Interference

FLSA Claims Were Properly Dismissed At Pleadings Stage

Greg Landers, who was employed as a cable services installer, brought suit individually and on behalf of other similarly situated persons, alleging that Quality failed to pay him and the other employees minimum and overtime...more

3/25/2015 - Class Action FLSA Pleading Standards Twombly/Iqbal Pleading Standard Wage and Hour

Ninth Circuit Submits Day Of Rest Questions To California Supreme Court

Mendoza v. Nordstrom, Inc., 2015 WL 691304 (9th Cir. 2015) - The United States Court of Appeals for the Ninth Circuit has certified three questions to the California Supreme Court...more

3/23/2015 - CA Supreme Court Employer Liability Issues Labor Code Nordstrom Inc. Restaurant Industry Retailers

Health Care Employees Should Not Have Been Permitted To Waive Their Second Meal Periods

In this putative class/Private Attorney General Act (“PAGA”) action, Jazmina Gerard (and others) challenged a hospital policy that allowed health care employees who worked shifts longer than 10 hours to voluntarily waive one...more

3/20/2015 - Employer Liability Issues Hospitals PAGA Putative Class Actions Rest and Meal Break Wage and Hour

Employer Met Its Burden Of Proving At Least $5 Million Amount In Controversy For CAFA Removal

In this putative class action, plaintiffs alleged that Knight Transportation had misclassified them as independent contractors when in fact they were employees who were not reimbursed their lease-related and fuel costs as...more

3/18/2015 - Amount in Controversy CAFA Independent Contractors Putative Class Actions Trucking Industry

$90 Million Judgment In Favor Of Security Guards Who Remained On Call During Rest Breaks Is Reversed

In this class action lawsuit, plaintiffs alleged that ABM did not provide rest periods to its security guard employees because it failed to relieve them of all duties and required them to remain on call during their breaks....more

3/17/2015 - Class Action Rest and Meal Break Security Guards

Security Guards Are Entitled To Compensation For All On-Call Hours Spent At Employer’s Worksite

CPS employed on-call guards to provide security at construction worksites. Part of each guard’s day was spent on active patrol. Each evening, guards were required to remain on call and on premises at the worksite to respond...more

3/16/2015 - On-Call Employees Security Guards Wage and Hour Wages

San Quentin Correctional Officer Could Proceed With Civil Claim For Injury Suffered While On Prison Premises

Monnie Wright was a correctional officer at San Quentin State Prison who lived on the premises of the prison in a unit he rented from the State of California. Wright was injured when he fell in the course of his walk from his...more

3/13/2015 - Department of Corrections Workplace Injury

Federal Air Marshal Could Proceed With Whistleblower Lawsuit

Robert J. MacLean became a federal air marshal for the TSA in 2001. In that role, MacLean was assigned to protect passenger flights from potential hijackings. In July 2003, the Department of Homeland Security issued a...more

3/12/2015 - Airlines Appeals DHS Marshalls Public Disclosure SCOTUS TSA Whistleblowers

Applicant Could Proceed With Race Discrimination Claim Despite Undisclosed Criminal Conviction

Raymond E. Horne was a glazier and a member of the glazier’s union. He also served as an officer and a member of the council and of the executive board of the union. Horne, who is African American, twice applied for an...more

3/11/2015 - Criminal Records FEHA Hiring & Firing Job Applicants Race Discrimination Unions

Disability Discrimination Claims Were Properly Dismissed On Summary Judgment

Tony Nealy worked as a solid waste equipment operator for the City of Santa Monica before injuring his knee in July 2003 while moving a large bin full of food waste. Nealy was temporarily totally disabled due to the injury...more

3/10/2015 - Disability Discrimination Disabled Essential Functions Hiring & Firing Interactive Process Reasonable Accommodation Summary Judgment Termination Workplace Injury

California Employment Law Notes - March 2015

Employee Who Was Working Elsewhere During Medical Leave Of Absence Was Properly Terminated - Richey v. AutoNation, Inc., 182 Cal. Rptr. 3d 644 (Cal. S. Ct. 2015). Avery Richey worked for Power Toyota Cerritos,...more

3/10/2015 - AutoNation CAFA California Family Rights Act (CFRA) Car Dealerships Disability Discrimination FLSA Hiring & Firing Race Discrimination Wage and Hour Workplace Injury

Employee Who Was Working Elsewhere During Medical Leave Of Absence Was Properly Terminated

Avery Richey worked for Power Toyota Cerritos, part of the AutoNation consortium of automobile dealerships, for approximately four years before allegedly injuring his back while moving furniture at his home. Following the...more

3/9/2015 - Automotive Industry AutoNation California Family Rights Act (CFRA) Car Dealerships Hiring & Firing Termination

Oops! California Court Gets Around to Invalidating 22-Year-Old Meal Period Waiver Rules for Healthcare Employees

For nearly 22 years, IWC Wage Order No. 4 and IWC Wage Order No. 5 have permitted employees in the “health care industry” who work shifts in excess of eight total hours in a workday to “voluntarily waive their right to one of...more

2/18/2015 - Healthcare Healthcare Facilities Healthcare Workers Putative Class Actions Rest and Meal Break Wage and Hour Waivers

Immigrant Who Used Someone Else’s SSN To Obtain Employment Was Properly Deported To Mexico

Gloria Ibarra-Hernandez, a native and citizen of Mexico, sought review of a final order of removal from the United States after the Board of Immigration Appeals (the “Board”) held that she was ineligible for cancellation of...more

2/4/2015 - Deportation Identity Theft Social Security Numbers

Employer Properly Challenged CUIAB’s Determination That Worker Was Not An Independent Contractor

After leaving his job as a massage therapist at West Hollywood Community Health & Fitness Center (d/b/a “Voda Spa”), Mario Serban applied for unemployment benefits. The Employment Development Department sent Voda Spa a letter...more

2/3/2015 - Employee Definition Independent Contractors Unemployment Benefits Unemployment Insurance Wage and Hour

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