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.
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