Lady Gaga may owe her former assistant a lot of unpaid OT

first_imgIt may not be so glamorous working for Gaga.Stefani Germanotta, better known to you people (I call her Stefani) as Lady Gaga, employed her friend, Jennifer O’Neill, as her personal assistant from in 2009 and again between 2010 and 2011. In 2010-2011, Ms. O’Neill made an annual salary of $75K, for which she claims to have been at Stefani’s beck and call 24 hours a day, 7 days a week.Ms. O’Neill claimed that her duties for Stefani entailed “anything and everything” that Stefani needed. Here are some examples:cleaning up after her,making sure her hair looked right before she went on stage, she drank water and had tea, ate and received “special food” at every concert location, and was hopefully on time to places, such as concert venues,handing Stefani’s email and phone communications, luggage — generally twenty bags — clothes, accessories, makeup, and toiletries as the tours proceededhaving ice packs, tea, and a shower ready at each concert venue,addressing Stefani’s needs throughout the night (such as when Stefani would get tired of watching a DVD, she would wake up Ms. O’Neill to change it)and just being there for her.Supposedly, Ms. O’Neill was expected to be available “24/7,” even when Stefani was on vacation or when O’Neill was engaged in personal matters, including meals with friends, doctors’ appointments or visits with family.Her good buddy Stefani eloquently described it this way:You don’t get a schedule. You don’t get a schedule that is like you punch in and you can play fucking Tetris at your desk for four hours and then you punch out at the end of the day. This is when I need you, you’re available.Hey look, if my boss bought me A1 and let me gnaw on her meat dresses, I’d shut my mouth about the long hours and order a side of creamed spinach, but Ms. O’Neill — she sought OT for all of the hours in excess of 40 hours she claimed to have worked each week.And, last week, this NY federal court allowed Ms. O’Neill’s claim for unpaid overtime to go trial.On-call time may be compensable time.Under the Fair Labor Standards Act, non-exempt employees, like Ms. O’Neill, are entitled to receive overtime at a rate of 1-1/2 times their hourly wage for each hour worked over 40 in a particular workweek. It does not matter that Ms. O’Neill — or anyone who is non-exempt, for that matter — is paid a salary. That’s a common misconception. What matters is whether Ms. O’Neill qualifies for an exemption, which she clearly does not.So, the question then is whether being on call 24/7 is actually work. In Ms. O’Neill’s case, “work” is defined as “exertion or loss of an employee’s time that is (1) controlled or required by an employer, (2) pursued necessarily and primarily for the employer’s benefit, and (3) if performed outside the scheduled work time, an integral and indispensable part of the employee’s principal activities.”Viewing the facts before it, the NY federal court determined that a reasonable jury could conclude that Ms. O’Neill was “working” for Stefani 24/7:The record in the case demonstrates that Plaintiff was Germanotta’s only personal assistant for most of the time at issue and both sides agree that she was expected to be available as needed throughout each hour of each day….While Defendants point to certain activities that they claim show that O’Neill was able to use “on-call” time for her own purposes — given the record — it is a jury question how much of O’Neill’s “on-call” time was “so circumscribed [by Germonatta]” that O’Neill was restricted from “effectively using the time for personal pursuits.” Defendants have not demonstrated that they are entitled as a matter of law to judgment on this issue.Not that many of you need your assistants to change out your DVDs at 3 AM, but keep this case in mind when placing employees on-call — they may still be working.For more on what it means to be on call, check out the Department of Labor regulations.To read the original post on The Employer Handbook, please click here.last_img read more

Newest perk for Amazon Prime members? NFL football livestreams

first_imgNewest perk for Amazon Prime members? NFL football livestreamsYou are here: The newest perk for Amazon Prime members includes Tom Brady, Cam Newton, J.J. Watt and other NFL superstars.That’s because Amazon is spending $50 million for the rights to livestream 10 games on Thursday nights during the 2017 NFL season, according to the Wall Street Journal. That’s 5x what Twitter paid for the same exact livestreaming package this past season. The Journal says Twitter bid again for this year’s games, along with Google and Facebook.Unlike Twitter last year, Amazon won’t stream the games to anyone who wants to watch online. Instead, it’ll be a new perk for Amazon Prime members — part of the annual $99 package they buy that includes free, two-day shipping and a variety of media-based benefits including other TV shows, movies and music.Amazon Senior VP Jeff Blackburn gave this confirmation to the Journal:“We’re focused on bringing our customers what they want to watch, [and] Prime members want the NFL.”Much like Twitter’s deal last year, Amazon will carry the CBS and NBC broadcasts and show most of their TV commercials in the online stream. The company will also be able to sell some ad space or use it to promote its own products and services. Amazon likely hopes it’ll also sell some more Amazon Prime memberships, but that would seem to be a secondary benefit since CBS and NBC will also offer livestreams for free.According to our calculations, Twitter averaged about 266,000 viewers per minute during its 10-game deal last year. From our sponsors: Newest perk for Amazon Prime members? NFL football livestreams Posted on 5th April 2017Digital Marketing FacebookshareTwittertweetGoogle+share HomeDigital MarketingNewest perk for Amazon Prime members? NFL football livestreams Related postsLytics now integrates with Google Marketing Platform to enable customer data-informed campaigns14th December 2019The California Consumer Privacy Act goes live in a few short weeks — Are you ready?14th December 2019ML 2019121313th December 2019Global email benchmark report finds email isn’t dead – it’s essential13th December 20192019 benchmark report: brand vs. non-brand traffic in Google Shopping12th December 2019Keep your LinkedIn advertising strategy focused in 202012th December 2019last_img read more

South Africa United

first_imgAfter almost six years of waiting and worrying, the FIFA World Cup is finally here in South Africa. Next week’s opening ceremony and the first game for ‘Bafana Bafana’- the nickname given to the national side-will signal the beginning of what many in South Africa, and indeed Africa, hope to,After almost six years of waiting and worrying, the FIFA World Cup is finally here in South Africa. Next week’s opening ceremony and the first game for ‘Bafana Bafana’- the nickname given to the national side-will signal the beginning of what many in South Africa, and indeed Africa, hope to be the best World Cup ever.South African football fans are lively and are waiting for the world to arrive It’s been a long road, filled with doubt and fear, but the construction of wondrous stadiums across the country and the major overhaul of transport facilities convinced those who refused to believe that the world could trust Africa with such a massive responsibility.Many are calling this an opportunity for not only South Africa, but also for the continent of Africa as a whole. Long seen as the poor cousin in the world, hosting the biggest sports event in the world illustrates just how far the ‘dark continent’ has come.South Africa has embraced the Cup, with the majority of workplaces and even schools adopting ‘Football Fridays’, where employees ditch regular attire and wear ‘Bafana Bafana’ shirts to add to the excitement of the biggest year in South Africa’s sporting history.Football, a predominantly ‘black sport’ in South Africa, has been embraced by every race in the Rainbow Nation, with even previously sceptical observers throwing their weight behind the event. Recently, the Blue Bulls-South Africa’s standout rugby side-chose to host two of their most crucial matches in Soweto, a previous hotbed for racial tensions and the symbolic home of black struggle in the country.advertisementR640 million (Rs 90 crore) will be spent to deploy 41,000 specially trained police officials for the 2010 World CupThe Bulls, from the Afrikaner-dominated Pretoria, shattered boundaries with one inspired move, and their subsequent winning of the Super 14 tournament in the heart of Soweto was another step towards unifying a nation that is still rebuilding itself.The sight of white Bulls’ fans mixing with locals in taverns and in the stands has galvanised the wave of support behind ‘Bafana Bafana’ for this World Cup, in much the same way that the 1995 Rugby World Cup swept up the entire nation and pushed the unfancied Springboks all the way to the world title.Yet, a similar fairy-tale story for South Africa’s national team is not likely. Most fans’ hopes are now consigned to simply qualifying for the second round.The embarrassment of becoming the first host nation to fall at the first hurdle is a prospect that no one wants to even consider. Form though suggests that captain Aaron Mokoena’s side will have to find new levels to emerge from the group with France, Uruguay and Mexico.Indeed, ‘Bafana Bafana’ have declined since the turn of the century and the entire country is now in silent prayer that the five-month training camp before the tournament will reap rewards for coach Carlos Alberto Parreira.This is the Brazilian’s second stint at the helm and his presence has managed to restore some sort of stability to a ship that was threatening to veer dangerously off-course.In a landmark event the Africaner-dominated bulls rugby team celebrated a super 14-S win in Soweto stadium After a short break, Parreira’s return as an emergency measure immediately transformed the fortunes with an unbeaten, 10-match run up to the World Cup. Infrastructure may have taken shape but informed observers are nagged with worry about the South Africa’s overall footballing fortunes.Since being on the brink of making second round in 2002, ‘Bafana Bafana’ have not kicked on. Instead they are a shadow of the side that was continental champions in 1996. The development of young talent has been poor, with coaches highlighting this as the glaring weakness in South African football.An entire nation is hoping to be the crucial 12th man for the team with vociferous support from the stands. The ‘vuvuzela’, a trumpet of sorts that is part and parcel of the local scene, was met with disdain by players who participated in last year’s Confederations Cup.Spain and Italy called for the offending instrument to be banned, but the FIFA has said it adds to the atmosphere, and coach Parreira has called on all the ‘vuvuzelas’ to be on full blast to aid his side. No South African will care how the team makes it to the last 16, so long as they get there. The motto it seems is, ‘By any means necessary’.To our visitors I have to say that, despite the usual reports predicting massacres on every street, what you are more likely to find is a country in party mode for a month. Yet, mindful of the country’s notorious reputation for crime, South Africa has invested heavily in getting over 10,000 extra police officers into gear. These extra numbers will allow key areas including fan parks, high volume roads and public areas to be heavily guarded. Crime hot spots have also been given extra attention, with CCTV cameras adorning most city centres.advertisementThe general message now being sent out by authorities is that if the tourists don’t behave reckless, they should enjoy themselves. Every major city is transformed into a cacophony of colour for the occasion. The beaches of Durban will provide variety to the parties of Cape Town and the malls of Johannesburg, along with the country’s vast range of attractions will ensure that the entertainment doesn’t just end on the field.South Africa has put on its best frock and, after much work, is ready to put out its best foot and welcome the world with open arms.It is time. Wozani (Come on in).The author is sports writer for The Witness, Pietermaritzburg, the oldest daily news-paper in South Africa.last_img read more