The headline I Was Gaga's Slave appeared in the New York Post. Pop superstar Lady Gaga,...
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The headline "I Was Gaga's Slave" appeared in the New York Post. Pop superstar Lady Gaga, whose real name is Stefani Germanotta, employed Jennifer O'Neill as a personal assistant for 13 months. Ms. O'ell is suing Gaga's touring company, Mermaid Touring, in the U.S. District Court for the Southern District of New York, alleging violations of the FLSA and New York State Labor Law (NYSLL). Chapter 17 Government and Legal Issues in Compensotion 663 Ms. O'Nell, 41, who was paid $75,000 per year, reported that she had to cater to the 25-year-old Gaga's every whim, whether it was related to schedule, finances, or food, at any hour of the day or night. Ms. O'Neill worked for Gaga both in New York City (at her Upper West Side duplex) and also on the Monster Ball world tour, where she assisted Gaga in a variety of settings, Including "stadiums, pri- vate jets, fine hotel suites, yachts, ferries, trains and tour buses According to Court papers, Ms. O'Neil alleges that there were no breaks for meals "or, at times, even sleep," and that she was required to be on hand for anything the Grammy Award-winning singer needed, at her "earliest waking hour" or for "spontaneous, random matters in the middle of the night." One of Ms. O'Neil's tasks was "ensuring the avallability of chosen outfits," a task of presumably considerable mag- nitude, given Gaga's unique approach to style (e.g, wearing a meat dress to the MTV Video Music Awards). Ms. O'Neill alleges that she worked 6.656 hours of unpaid overtime over a perlod of 56 weeks. She is asking to be paid $359,956.48 for unpaid overtime. Along with this request for back pay, Ms. O'Neill, a graduate of American University, is also seeking unspecifled damages, A spokeswoman for Gaga branded the lawsult "completely without merit." A judge declined to dismiss the lawsuit, ruling that it would go to a jury trial, However, the lawsuit was settled out of court prior to going to trial. The terms of the lawsult were not disclosed. QUESTIONS: 1. Is Ms. O'Neill exempt or nonexempt under the Fair Labor Standards Act? Which exemption would be most relevant in this case? Conduct a search and describe how the lawsuit turned out. 2 Can you find any other examples in the news of simiiar lawsuits? If so, please again form an opinion on whether the plaintiff is exempt or not and which exemption is most relevant.09 3. Does a settlement mean that Lady Gaga violated the Fair Labor Standards Act or another wage and hour (e.g., state or local) law? 4. How common are settlements in lieu of going to triai? 5. Why would parties choose to settie instead of going to trial? The headline "I Was Gaga's Slave" appeared in the New York Post. Pop superstar Lady Gaga, whose real name is Stefani Germanotta, employed Jennifer O'Neill as a personal assistant for 13 months. Ms. O'ell is suing Gaga's touring company, Mermaid Touring, in the U.S. District Court for the Southern District of New York, alleging violations of the FLSA and New York State Labor Law (NYSLL). Chapter 17 Government and Legal Issues in Compensotion 663 Ms. O'Nell, 41, who was paid $75,000 per year, reported that she had to cater to the 25-year-old Gaga's every whim, whether it was related to schedule, finances, or food, at any hour of the day or night. Ms. O'Neill worked for Gaga both in New York City (at her Upper West Side duplex) and also on the Monster Ball world tour, where she assisted Gaga in a variety of settings, Including "stadiums, pri- vate jets, fine hotel suites, yachts, ferries, trains and tour buses According to Court papers, Ms. O'Neil alleges that there were no breaks for meals "or, at times, even sleep," and that she was required to be on hand for anything the Grammy Award-winning singer needed, at her "earliest waking hour" or for "spontaneous, random matters in the middle of the night." One of Ms. O'Neil's tasks was "ensuring the avallability of chosen outfits," a task of presumably considerable mag- nitude, given Gaga's unique approach to style (e.g, wearing a meat dress to the MTV Video Music Awards). Ms. O'Neill alleges that she worked 6.656 hours of unpaid overtime over a perlod of 56 weeks. She is asking to be paid $359,956.48 for unpaid overtime. Along with this request for back pay, Ms. O'Neill, a graduate of American University, is also seeking unspecifled damages, A spokeswoman for Gaga branded the lawsult "completely without merit." A judge declined to dismiss the lawsuit, ruling that it would go to a jury trial, However, the lawsuit was settled out of court prior to going to trial. The terms of the lawsult were not disclosed. QUESTIONS: 1. Is Ms. O'Neill exempt or nonexempt under the Fair Labor Standards Act? Which exemption would be most relevant in this case? Conduct a search and describe how the lawsuit turned out. 2 Can you find any other examples in the news of simiiar lawsuits? If so, please again form an opinion on whether the plaintiff is exempt or not and which exemption is most relevant.09 3. Does a settlement mean that Lady Gaga violated the Fair Labor Standards Act or another wage and hour (e.g., state or local) law? 4. How common are settlements in lieu of going to triai? 5. Why would parties choose to settie instead of going to trial?
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quiz 1 The Fair Labor Standards Act FLSA is for the benefit of employees of private and public companies Manages minimum wages working hours and employers child employment policies of employers The st... View the full answer
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Compensation
ISBN: 978-0078029493
11th edition
Authors: George Milkovich, Jerry Newman, Barry Gerhart
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