Posts Tagged ‘ California labor law ’

Metallica Drummer Accused of Stiffing P.A. Settles Lawsuit

November 17th, 2011. By AbiK

Metallica drummer Lars Ulrich recently settled a wage and hour lawsuit that had been filed by a former personal assistant, Steven Wiig. Wiig claimed a whole bunch of labor law violations: years of unpaid overtime (years!) along with alleged state and federal labor violations, breach of oral contract and continuing wages.

Yep, your run-of-the-mill California overtime lawsuit… NOT! We’re talking METALLICA!

Now, “Metallica” tends to conjure up headbanging images—think Beavis and Butthead (heh-heh)—and a lot of what some folks would call noise. Case in point, their live “Enter Sandman” video showcases some of those whiplash-inducing moves the band is famous for—and famous they are with that video alone having over 52,000,000 views on youtube. They’re the stuff of (hard) rock legend…off to never-never land! (In fairness, they’ve got some memorable ballads in their repertoire as well—like “Nothing Else Matters” (see video above)).

Ok. So they’re rock stars. And unless much has changed in the last oh, fifty plus years, rock stars tend to be magnets when it comes to wannabes wanting coveted jobs like “personal assistant”. Hell, it’s a twenty year old’s fantasy…screw getting a desk job after 4 years of hitting the books. Hit drop/add with the emphasis on “drop” and hit the road. Yeah, you’re down with the roadies, groupies, parties and perks. The all-access pass to backstage glam and prestige…you’re with the band now, man…(& you can advertise that fact with the t-shirt at right, at zazzle.com).

Oh wait—you expected to be paid on an hourly basis as well? And given a bonus each year? Ahh, but see—as with any situation where supply exceeds demand, prices get driven down. Lots of available labor? Labor gets cheap, right? And maybe that’s when labor starts to get—or at least feel—abused.

Hey, you wanted to be with the band…

So here we are with Lars Ulrich getting sued by his personal assistant. It’s an interesting case—similar to the PR hacks complaining not long ago about their compensation—because clearly this guy, Wiig, put up with the deal for “years” (2001-2009).  A decade. Why hang so long in a gig that you think is screwing you over?

According to the Marin Independent Journal, Wiig acted as Ulrich’s chauffeur, managed his art collection, handled his scheduling and “other tasks and errands” upon request. That translated to around 70 hours a week, which was upped to 80 hours a week when Metallica was on tour.

Wiig claimed he performed those duties for $45,000 a year. He also claims to have had a verbal agreement (red flag!) for annual bonuses. Of course, according to marinij.com, Ulrich’s side claims Wiig received $110,000 a year before bonuses, free rent and a free car. I suppose only the tax man knows for sure (wink-wink).

At any rate, the two sides have settled (terms not disclosed). My guess is that Wiig came out ahead on this one—but what to do now? Oh yeah, write a memoir “Snared: My Life with Lars Ulrich and Metallica”.

Tags: California labor law, Lars Ulrich, Metallica, Metallica Drummer, overtime lawsuit, Overtime Pay, Unpaid Overtime, Wage and Hour
Posted in Celebrity, Emerging Issues, Employment, lawsuits | No Comments »

California Labor Law—What’s New for 2011

January 11th, 2011. By janem

Here are a few California labor law perks for 2011. The U.S. Department of Labor decrees that employers grant time off for women to express breast milk.  The DOL’s fact sheet is posted here. Male workers are wondering if there is any legislative effort in the works to regarding equal rights in this area…they could always donate an organ and take time off.

SB 1304 provides new leave of absence rights to organ and bone marrow donors. Organ donors may take up to 30 days leave for that purpose and bone marrow donors may take up to five days leave for that purpose. The leaves are with full pay and benefits, except that the employer may require the organ donor to use up to two weeks accrued vacation/sick time and the bone marrow donor to use up to five days vacation/sick time unless doing so would violate a collective bargaining agreement.

Donors are entitled to the same or equivalent jobs when returning from leave. Further, these leave rights are independent of any rights under the Family and Medical Leave Act and the California Family Rights Act.

If you can’t stand the heat, as of Nov 4, 2010 the California Labor Commissioner issued new heat illness regulations, enforceable by CAL-OSHA, that apply to all outdoor places of employment, especially where the temperature exceeds 85 degrees Fahrenheit. Employees must be provided with shade sufficient to accommodate 25 percent of the workforce at one time, cool down periods of no less than five minutes in the shade upon request, as well as one quart of potable drinking water per hour worked.

“High heat” procedures (where the temperature reaches at least 95 degrees Fahrenheit) apply only to agriculture, construction, landscaping, oil and gas extraction, and transportation or delivery of agricultural products, construction materials or other heavy materials except for employment that consists of operating an air-conditioned vehicle and does not include loading or unloading. The new regs are posted here.

Unemployed rail workers are hopeful that California’s high-speed rail project will get the go-ahead; if so it will create thousands of jobs. The “Good Jobs Express Tour” ended, after three days and 400 miles, in Sacramento, where construction trades members rallied with the iron workers to make the case for high-speed rail and candidates, like Jerry Brown, who support it.

When Is Lunch Time?  AB 569 amends California Labor Code Sec. 512 to exempt construction workers, commercial drivers, certain security officers and employees of electrical and gas corporations or local publicly owned electric utilities from California’s meal period requirements if those employees are covered by a valid collective bargaining agreement containing specified terms—including meal period—overtime and arbitration provisions.

Have you been misclassified as an independent contractor?

California, among a number of other states, has arranged information-sharing with the IRS in the area of contractor classification. The goal is that incorrect contractor classification will probably be detected and challenged with more frequency. Among the concerns for an employer who engages independent contractors is that the classification, if valid, can avoid a lot of employment and tax regulation. But at the same time, contractor classification can be a hot tamale for litigation by multiple government agencies and workers.

By now everyone knows that you can’t light that joint at work. California Proposition 19 was rejected, which means that employers may lawfully ban all marijuana use, and being under the influence of marijuana, at work. However, California law permits medicinal marijuana use prescribed by a physician.

And one more: Under the FMLA  an employee who assumes the role of caring in loco parentis (in place of the parent) for a child  receives parental rights to family leave regardless of the legal or biological relationship. The U.S. Department of Labor gives this example: an aunt who cares for a young niece and nephew when their single parent has been called to active military duty or a grandfather who assumes responsibility for his sick grandchild when his own child is unable to care for the child. Also, an employee who intends to share parenting responsibilities with his or her same-sex partner will be able to seek FMLA leave to bond with their child.

The above are just a handful of changes in store for 2011. California employers are advised to review and update employee handbooks and personnel practices, and train supervisors, with the advice of experienced employment counsel or human resources professionals, or a labor law attorney.

Tags: California labor law, California law 2011
Posted in Employment | 1 Comment »

Ever Wonder what Happens when you File a Complaint?

November 24th, 2009. By janem

At the risk of patting myself—and LawyersAndSettlements.com (LAS)—on the back, I want to share these comments from someone who filed a complaint with LAS. Two years ago I interviewed Blanco Alonzo regarding his unpaid overtime complaint against Maximus corporation. Yesterday I talked with Blanco about a separate issue regarding California labor law violations and he brought me up to speed on the Maximus case…

“You really helped in 2007,” says Blanco. “Right after you interviewed me about my overtime case, about 20 attorneys called, and now I am the lead plaintiff.

“I selected one lawyer based in Texas who had a lead in California. My case is very strong and it is currently being determined whether it will be a class action lawsuit presented at the federal or state level.

“I always think about you because if it wasn’t for you I would never have gotten an attorney in 2007. And now so many cases against Maximus are being pursued after my case became nationally known.

My case number is BC381220 assigned to Judge Jane Johnson in Los Angeles, and it was filed November 26, 2007. We could have already settled but Maximus tried to file bankruptcy. I always read that article you wrote about me and tell people, ‘Jane wrote this case so well’ and I am so happy to communicate with you again. As well, my lawyer said the article was great and they get a lot of clients through LawyersAndSettlements.com.”

Tags: California labor code, California labor law, Maximus, overtime lawsuit
Posted in Employment | 1 Comment »

Steve Poizner: CA has “extreme labor laws”…huh?

September 28th, 2009. By AbiK

That was a quote taken from potential California gubernatorial candidate (and state Insurance Commissioner) Steve Poizner at the California Republican State Convention on Sept. 26th, as reported on in the Los Angeles Times.

Extreme? How you ask? Well, Poizner seems to think that having California labor laws that require overtime pay to kick in after 8 hours are worked in a given day is a bit extreme. He points out that “almost every other state” only requires overtime to kick in after a full 40-hour week has been worked.

Here’s the part I find interesting though—I’ll let you read the excerpt first:

Third part of my plan is to align our labor laws with the rest of the country. Now, I’ve been an employer; a lot of you have hired folks, a lot of you care about workers just as much as anybody. Why does California have to have extreme labor laws that make us stick out like a sore thumb?  Read the rest of this entry »

Tags: California labor law, California Overtime, Overtime
Posted in Emerging Issues | No Comments »

California Labor Law Board vs California Labor Law Attorney

July 20th, 2009. By janem

So much for that old adage “Go West Young Man”. In these tough economic times, some Californians may be thinking about moving elsewhere, particularly when employers are cutting back on payroll by various means such as implementing furloughs, or not paying overtime. If this has happened to you, the boss may be violating the California Labor Law.

You’ve got two options: either contact the California Labor Board or seek help from a California labor law attorney. “How the heck can I afford an attorney?” you are likely asking, especially when your paycheck has just been slashed. Of course the California labor board gives free advice and that may be a good place to start, but it generally handles cases below $7500 and it doesn’t even attempt to recover the 4th year of California overtime pay under the California Unfair Competition Statute.

A lawyer, on the other hand, will seek to recover up to 4 years of California overtime pay for their clients. And increasingly, many California labor law attorneys work on a contingency basis—meaning you only pay legal fees if your case has been successfully litigated by the lawyer on your behalf. So what are you waiting for? Get all your ducks in a row; get your paperwork together and call a lawyer.

Tags: California labor law
Posted in Emerging Issues | No Comments »