Anthony Oncidi

Anthony Oncidi

Proskauer Rose LLP

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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

Trial Court Properly Denied Class Certification For Unpaid Meal Break Claims

The putative class members in this case moved for class certification on the theory that although Walgreens’s stated policy on meal breaks was proper, its actual practice departed from its stated policy in an illegal and...more

2/2/2015 - Class Certification Employer Liability Issues Putative Class Actions Rest and Meal Break Walgreens

Trial Court Should Have Certified Class Claims Of Managerial Employees

Roberto Martinez and three other current or former employees of Joe’s Crab Shack (“JCS”) filed this putative class action asserting that they and similarly situated salaried managerial employees had been misclassified as...more

1/30/2015 - Appeals Class Action Employer Liability Issues Exempt-Employees Misclassification Non-Exempt Employees Putative Class Actions Unpaid Overtime Wage and Hour

Employee Recovers $131,000 For Unpaid Wages Against Former Employer

Manuel Tabarrejo was employed as a caregiver by Princess Retirement Homes, Inc. (“PRH”). After Tabarrejo left his employment with PRH, he filed a claim with the Labor Commissioner for unpaid wages and other wage-related...more

1/29/2015 - Attorney's Fees Employer Liability Issues Labor Board Unpaid Wages Wage and Hour Wages

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

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