Question

Number 4

"I Was Gaga's Slave" 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'Neill 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). Page 663 Ms. O'Neill, 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, private jets, fine hotel suites, yachts, ferries, trains and tour buses." According to Court papers, Ms. O'Neill 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'Neill's tasks was "ensuring the availability of chosen outfits," a task of presumably considerable magnitude, 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 period 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 unspecified damages. A spokeswoman for Gaga branded the lawsuit "completely without merit." Ajudge 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 lawsuit 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 similar lawsuits? If so, please again form an opinion on ether the plaintiff is exempt or not and which exemption is most relevant. 109 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 trial? 5. Why would parties choose to settle instead of going to trial?

Answer 1

Settlements are best option for parties in civil and employment related matter of disputes. These are popular because court trial may take lot of time, higher charges to private level attorneys and facing challenges like stress , fear etc.

Settlements can be said as middle path where before going to trail of courts , parties resolve its conflicts with privately decided terms of agreement. These are popular due to less costly affairs , getting compensation or other payments within one week to 30 days etc. In case of employment terms and business operations, it offers individual and organizations a chance to gain the momentum of work.