Celeb News: Lady Gaga will not get off the hook in assistant labor case

Swag

A former assistant to Lady Gaga recently filed a lawsuit against the pop superstar’s touring company, alleging violations of the Fair Labor Standards Act. At the forefront of the claim was the assistant’s assertion that she put in more than 7,000 hours of unpaid overtime after being at the beck and call of the singer around the clock. Lady Gaga’s responses to the former employee’s claims bring up some key provisions in the FLSA that merit reviewing.

“She knew exactly what she was getting into.”

What’s the FLSA?

The Fair Labor Standards Act establishes minimum wage, overtime pay, recordkeeping and youth employment standards affecting employees in the private sector and in federal, state and local governments. Covered nonexempt workers are entitled to a minimum wage of not less than $7.25 per hour, effective July 24, 2009. Overtime pay at a rate not less than one and one-half times the regular rate of pay is required after 40 hours of work in a workweek.

Lady Gaga argued that the employee had never been promised overtime. Unfortunately, the FLSA doesn’t take into account what an employee is or is not promised if such arrangements run contrary to the law. What’s more, employees can’t waive the right to overtime pay, even if they do know exactly what they’re getting into.

“I’m quite wonderful to everybody that works for me.”

Lady Gaga indicated that it was her “bubbly, good heart” that compelled her to hire the assistant, who was also her friend. Gaga described her as “majorly unqualified.” However, the FLSA does not provide an exception for good-hearted, well-intentioned employers who hire unqualified employees.

This “is a 9-to-5 job that is spaced out throughout the day.”

One consideration as to whether the employee is entitled to overtime will be whether she was able to use “on call” time for her own purposes. Gaga asserted that employees only worked eight hours a day but were expected to be available when needed. If the employee truly had to be at Gaga’s side at all times, as the claim alleged, she would probably be owed some overtime pay.

Was the assistant exempt?

The court will also consider whether the assistant could be considered exempt from overtime under the FLSA. Lady Gaga’s assistant was paid a salary of $75,000 a year regardless of the number of hours she worked. This could be an acceptable arrangement if the employee had discretion and independent judgment with regard to matters of significance, which would, in part, qualify her for the FLSA’s administrative exemption.

The plaintiff’s filing outlined her primary job duties as confirming Lady Gaga’s schedule, ordering meals, ensuring the availability of chosen outfits, and ensuring the promptness of a towel after a shower. If the employee’s duties really didn’t outshine the responsibilities of a towel rack, it will be difficult to show the required discretion and independent judgment.

While the outcome of this case remains to be seen, some lessons are already loud and clear: The FLSA doesn’t care if you’re a pop star, and no amount of good intentions will get you off the hook if you’re not paying employees by the rules.

Katie Loehrke is a human resources subject matter expert with J. J. Keller & Associates Inc., a nationally recognized compliance resource firm. Loehrke specializes in employment law topics such as discrimination, privacy and social media, and affirmative action.

Source

Poe Dameron

You're more up to date on Gaga news than us Monsters, you're such a stan Swag

EDIT: this is old, old news

Lover

Quote:

Originally posted by aidan_dolan

You're more up to date on Gaga news than us Monsters, you're such a stan Swag

EDIT: this is old, old news

it's from yesterday.

the gaga pic tho.

lancelovesgaga

Quote:

Originally posted by Lover

it's from yesterday.

the gaga pic tho.

whats wrong with it?

Versace

This is soooooooooooooo old.

Aden

Wasn't this settled already?

Demise

Thanks for choosing a pic showing Gaga's kindness and devotion to help the young and needy

Superiore

This is really really old. Like from 2012.

.:Allen:.

Why doesn't she just give her the money? Don't be greedy

MM3

I like you, Swag. You're my favorite Little Monster!

BlondeAmbitionxX

The obsession ain't cute anymore

hairofglory

At the forefront of the claim was the assistant’s assertion that she put in more than 7,000 hours of unpaid overtime after being at the beck and call of the singer around the clock.

Some people are really disgusting. This **** got to travel everywhere with the worlds biggest star, traveled around the world, ate at the most expensive restaurants, owned the most expensive clothes, and still feels like Gaga owes her.

J a y

This isn't relevant to the court case, nor is it an update on it either.

At least I know what FLSA is now though.

BORNTOSLAY

Quote:

Originally posted by Demise

Thanks for choosing a pic showing Gaga's kindness and devotion to help the young and needy

I bet GaGa didn't use sanitizer after touching and hugging those poor black kids, such a kind person. I CAN'T

Pie-kun

I find it interesting that the article doesn't mention how the 7,000 hours number is just ridiculous. That is equivalent of 875 8 hour work days. It's quite obvious that the assistant worked for years under these conditions and was perfectly okay with it until she was fired, which is when she decided those conditions weren't okay.

There's also been experts from the PA world that have suggested that the conditions she worked in were perfectly normal for celebrity PAs and that she was actually paid more than the average celebrity PA.

MM3

Quote:

Originally posted by .:Allen:.

Why doesn't she just give her the money? Don't be greedy

Gaga was already paying her above the industry standard assistant salary. With all the free perks, that assistant was making over 200k a year. Gaga works hard for her money + she shouldn't have to pay more.

Aden

Quote:

Originally posted by .:Allen:.

Why doesn't she just give her the money? Don't be greedy

Because the assistant placed an absurd claim and this was already settled in court with Gaga winning (as usual).

Nando_05

Swag you are the biggest Gaga fan on ATRL, i love it

Remixed

HausOfGerard

This is like 6+ months old