Imagine you are the personal assistant for the world’s most famous artist, Lady Gaga. You have the opportunity to travel the world, meet famous people and watch your boss hit the button to drop the “ball” in Times Square on New Years Eve. What could be better? Well, apparently, being paid overtime.
Recently, Lady Gaga’s former personal assistant filed a lawsuit alleging that she was owed hundreds of thousands of dollars in overtime. The assistant claims that she was paid a salary for working around the clock, 24/7, and is owed overtime pay under FLSA and state law. Generally, when such challenges arise, the “employer” claims that the assistant is exempt under the administrative exemption. However, the administrative exemption is the same whether the assistant works a regular “office job” or provides services to a world famous recording artist – that employee must be paid on a salary basis and exercise significant independent discretion and judgment. This is something to keep in mind for those that employ an executive or personal assistant.
At least employers have the satisfaction of knowing even the rich and famous have to worry about wage and hour laws. Happy New Year!