Anthony Oncidi on Class Action

California Employment Law Notes - July 2018

Supreme Court Bars Mandatory Union Dues For Public Employees - Janus v. AFSCME, 585 U.S. ___, 2018 WL 3129785 (2018) - In a highly anticipated decision, the United States Supreme Court held that it is a violation of...more

7/12/2018 / Americans with Disabilities Act (ADA) , Anti-Retaliation Provisions , Class Action , Discrimination , Employee Rights , Employer Liability Issues , FEHA , Hiring & Firing , Hostile Environment , NLRB , Private Attorneys General Act (PAGA) , SCOTUS , Sexual Harassment , State Labor Laws , Statute of Limitations , Unions , Wage and Hour , Whistleblower Protection Policies , Whistleblowers

California Employment Law Notes - September 2017

Jobseeker Website May Be Compelled To Disclose Identity Of Anonymous Posters Who Criticized Employer - ZL Technologies, Inc. v. Does 1-7, 13 Cal. App. 5th 603 (2017) - ZL Technologies brought suit, alleging libel per se and...more

9/13/2017 / Accrual Requirements , Age Discrimination , Anti-SLAPP , Appeals , Burden-Shifting , CA Supreme Court , Cause of Action Accrual , Class Action , Class Certification , Day of Rest Laws , Demurrers , DFEH , Disability Discrimination , Discovery , Discovery Disputes , Dismissals , Evidence , FEHA , First Amendment , Former Employee , Genuine Issue of Material Fact , Independent Contractors , Intentional Infliction of Emotional Distress , Interim Adverse Judgment Rule , Involuntary Reduction in Force , Libel , Litigation Fees & Costs , Malicious Prosecution , Motion to Compel , Pretext , Private Attorneys General Act (PAGA) , Probable Cause , Public Policy , Putative Class Actions , Race Discrimination , Reasonable Accommodation , Remedies , Retaliation , Reversal , Right to Privacy , Section 998 , Settlement Offer , Statute of Limitations , Subpoenas , Summary Judgment , Telemarketing , Trade Secrets , Vacation Pay , Vicarious Liability , Waiting Periods , Websites

California Employment Law Notes - July 2017

In response to three questions asked of it by the United States Court of Appeals for the Ninth Circuit, the California Supreme Court opined as follows...more

California Employment Law Notes - March 2017

Victoria Zetwick, a county correctional officer, alleged that the county sheriff created a sexually hostile environment in violation of Title VII and the California Fair Employment and Housing Act by, among other things,...more

California Employment Law Notes - January 2017

$90 Million Judgment Reinstated: Employers Must Relieve Employees Of All Duties During Their Rest Periods - Augustus v. ABM Sec. Servs., Inc., 2016 WL 7407328 (Cal. S. Ct. 2016) - Jennifer Augustus filed this...more

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

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

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 , Fair Labor Standards Act (FLSA) , Harassment , Human Resources Professionals , Litigation Fees & Costs , Race Discrimination , Risk Mitigation , Surveys

California Employment Law Notes - May 2016

Employee Who Needed To Assist Disabled Son Could Proceed With "Associational Disability Discrimination" Claim - Castro-Ramirez v. Dependable Highway Express, Inc., 246 Cal. App. 4th 180 (2016) - Luis...more

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

California Enacts a Raft of New Employment Legislation

The latest legislative session has just ended, and, true to form, the California Legislature has added more than a dozen new laws affecting employers doing business in the nation’s largest state. These statutes are in...more

10/21/2015 / Accrual Method , Anti-Pay Secrecy , Anti-Retaliation Provisions , Arbitration Agreements , California Family Rights Act (CFRA) , Change in Control , Class Action , Corporate Counsel , Department of Homeland Security (DHS) , Discrimination , E-Verify , Employee Rights , Employer Liability Issues , Employment Authorization Documents (EAD) , Enforcement , Equitable Relief , Fair Pay Act , Gender Equity , Gender-Based Pay Discrimination , Governor Brown , Governor Vetoes , Grocery Store Workers , Healthcare , Healthy Workplaces Healthy Families Act 2014 , Hiring & Firing , Job Applicants , Joint Liability , Labor Commissioners , Labor Standards Enforcement , Mandatory Arbitration Clauses , New Legislation , On-Duty Meal Period Waivers , Piece-Rate Pay , Private Attorneys General Act (PAGA) , Protected Activity , Protected Class , Recordkeeping Requirements , Rest and Meal Break , Retaliation , Sick Leave , Social Security Administration (SSA) , Substantially Similar , Unpaid Leave , Unpaid Wages , Wage and Hour , Wage Garnishment , Wage Statements , Whistleblowers

California Employment Law Notes - September 2015

Newly Enacted California Statutes - The Word "Alien" Is Stricken From The California Labor Code - Section 1725 of the California Labor Code defines "alien" as "any person who is not a born or fully naturalized...more

California Employment Law Notes - July 2015

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...more

7/17/2015 / Anti-SLAPP , Appeals , Bad Faith , Choice-of-Law , Class Action , Class Certification , Convictions , Costco , Department of Corrections , Disability Discrimination , Discovery , Disparate Treatment , EEOC v Abercrombie , Elonis v US , Employee Privacy Rights , Employee Rights , Employer Liability Issues , Employment Contract , Facebook , Fair Labor Standards Act (FLSA) , False Claims Act (FCA) , FBI , First Amendment , First-to-File , Forum Selection , Gender Discrimination , Good Faith , Hiring & Firing , In Forma Pauperis , Independent Contractors , Internships , Labor Code , Labor Commissioners , Leave of Absence , Lost Wages , Malicious Prosecution , Marshalls , Misappropriation , Misclassification , Motion for Summary Judgment , Petition for Writ of Mandate , Private Attorneys General Act (PAGA) , Private Right of Action , Protective Orders , Putative Class Actions , Qui Tam , Reasonable Accommodation , Religious Discrimination , Remand , SCOTUS , Sex Discrimination , Sexual Abuse , Sexual Harassment , Statute of Limitations , Statutory Rights , Tax Liability , Title VII , Trade Secrets , Unemployment Benefits , Unions , Unpaid Interns , Wage and Hour , Withholding Tax , Work-Induced Stress , Wrongful Termination

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 , Fair Labor Standards Act (FLSA) , Pleading Standards , Twombly/Iqbal Pleading Standard , Wage and Hour

$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

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

California Employment Law Notes - July 2014

"Unauthorized Alien" Who Provided False SSN Can Proceed With Disability Discrimination Lawsuit - Salas v. Sierra Chem. Co., 2014 WL 2883878 (Cal. S. Ct. 2014) Vicente Salas worked on Sierra Chemical's production...more

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 , Private Attorneys General Act (PAGA) , Trucking Industry

California Employment Law Notes - July 2013

Employee Must Prove That Illegal Retaliation Was The "But For" Cause Of Adverse Job Action Under Title VII - University of Tex. S.W. Med. Ctr. v. Nassar, 570 U.S. ___, 2013 WL 3155234 (2013) - The United States...more

California Employment Law Notes - May 2013

Kenneth Hatai sued his employer (CalTrans) and his supervisor (Sameer Haddadeen), alleging discrimination based on his Japanese ancestry and the fact that he was not of Arab ancestry like Haddadeen. The case was tried to a...more

5/10/2013 / Class Action , Coerced Patronage , Collective Actions , Discrimination , Enforcement , Forum , Genesis HealthCare , Genesis Healthcare Corp. v. Symczyk , Mental Illness , Mootness , Race Discrimination , Sexual Harassment , Suicide , Unpaid Overtime , Unpaid Wages

1/14/2013 / Breach of Implied Contract , Class Action , Class Certification , Disability , Discrimination , Family and Medical Leave Act (FMLA) , FEHA , Hiring & Firing , Jury Instructions , Lucasfilm , Negligent Supervision , Over-Time , Pregnancy Discrimination , Reasonable Accommodation , Rest and Meal Break , Termination , Workplace Violence

Anthony Oncidi

Proskauer Rose LLP

Readers' Choice Awards

Popular Topics by This Author

Latest Posts › Class Action