Employment lawyers don’t often get a chance to write about pop superstars, but as it turns out the Fair Labor Standards Act is providing just such an opportunity.

In December 2011, Lady Gaga’s personal assistant, Jennifer O’Neill, filed a lawsuit against Lady Gaga’s touring company claiming that she is owed more that $350,000 in unpaid overtime under the Fair Labor Standards Act and New York State Labor Law. 

What’s the crux of the dispute?  

Well, really it’s not much different than those faced by many “more traditional” employers.  The former personal assistant claims that she was misclassified as an “exempt” employee when she was actually non-exempt.  As a result, she alleges that she is owed over 7,000 hours of overtime compensation for time that she spent attending to Lady Gaga at “stadiums, private jets, fine hotel suites, yachts, ferries, trains, and tour buses.”  

The assistant further alleges that, under state law, she was denied breaks and even sleep time as she handled Lady Gaga’s every need, such as ensuring she had towels after showering and that her chosen outfits were available.

Could the personal assistant be exempt?

Possibly. The Fair Labor Standards Act does recognize that an executive assistant to a business owner or senior executive who is paid a salary and who customarily and regularly exercises discretion and independent judgment in matters of significance rather than adhering to prescribed procedures or specific instructions may be exempt as an “administrative” employee. This exemption generally applies only to the highest level of assistant who has significant autonomy making decisions about such things as responses to non-routine correspondence and handling meetings.  The determination of whether Lady Gaga’s assistant fits this category will depend on what her duties actually entailed.  In other words, was she involved in the decision to have Lady Gaga arrive at the 2011 Grammy Awards in an egg or did she just help Lady Gaga get into the egg?

So, what’s a poor pop superstar to do to avoid such claims?

Again, what any employer should do.  Evaluate the actual job duties of each position and how the employee is paid to determine if the position falls within the one of the FLSA exempt categories or whether the position should be classified as non-exempt.  Making such determinations isn’t always easy, so seek appropriate counsel if necessary.