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Authors: Scarinci Hollenbeck, LLC, Donald Scarinci
Date: June 16, 2014
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California rapper Snoop Dogg (Calvin Broadus) is being sued for about $3 million
The plaintiff? Three of Snoop’s former bodyguards -Torrey Mitchell, Donnel Murray and Ryan Turk – over California labor laws. The case, which also names Beach City Music, Gerber & Co. and bodyguard supervisor Al Gittens as defendants, showcases the extremely nuanced and strict labor laws of the state.
California’s labor laws are some of the tightest in the country because of the state’s unique system of lawmaking. Let’s take a look at some of the alleged violations and their legal basis.
Overtime violations
The plaintiffs claim that they were paid a rate of $300 per day when Snoop was on tour and a rate of $25 per hour at other times. They allege that they were paid an overtime rate of $37.50 per hour only after 12 hours of continuous work.
Overtime in California can be confusing, but if the above is true, the defendants would be in a clear violation of state law. The state requires that one and a half times an employee’s base rate of pay be paid for all hours in excess of eight hours but fewer than 12 hours. After 12 hours, the employee should receive double his or her rate of pay. The state also requires overtime for hours in excess of 40 per week, but the two do not stack on top of one another.
Sleep time violations
The embattled rapper’s ex-bodyguards also wrote that they often had to make due on less than three hours of sleep. While Mitchell, Murray and Turk clearly had difficult jobs, I would not leap to the conclusion that this is a labor violation in the state of California.
In the case of Monzon v. Schaefer Ambulance Service (1990), the court held that an employer can enter into an agreement with employees working 24 hour shifts under which up to eight hours of sleeping time are excluded from pay if the employee can get at least five hours of uninterrupted sleep. The bodyguards did not get this much time, but as long as Snoop Dogg paid his employees for their time spent sleeping, he is legally in the clear.
Loss of break time
The bodyguards also contend that they were deprived of morning, lunch and afternoon breaks. In this case, according to the plaintiff’s allegations, the defendants would likely be guilty of a labor violation.
In California, employers cannot employ an employee for more than five hours per day without providing a 30 minute lunch break. If the employee works more than 10 hours, a second 30 minute period must be provided.
Unfair termination
Perhaps the most damning allegation is that the bodyguards were summarily terminated upon complaining about their unfair work conditions.
Under California Labor Code section 1102.5 subsection (c), an employer may not retaliate against an employee for refusing to participate in an activity that violates state or federal statutes, rules or regulations.
I can’t speculate as to Mr. Broadus’ guilt or innocence, but if the allegations are upheld, the rapper’s ex-bodyguards have a strong case for compensation.
If you have any questions about this post or would like to discuss your sports and entertainment matters , please contact me, Anthony R. Caruso at www.ScarinciHollenbeck.com.
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Snoop Dogg in Hot Water Over Labor Laws
Author: Scarinci Hollenbeck, LLC, Donald Scarinci
California rapper Snoop Dogg (Calvin Broadus) is being sued for about $3 million
The plaintiff? Three of Snoop’s former bodyguards -Torrey Mitchell, Donnel Murray and Ryan Turk – over California labor laws. The case, which also names Beach City Music, Gerber & Co. and bodyguard supervisor Al Gittens as defendants, showcases the extremely nuanced and strict labor laws of the state.
California’s labor laws are some of the tightest in the country because of the state’s unique system of lawmaking. Let’s take a look at some of the alleged violations and their legal basis.
Overtime violations
The plaintiffs claim that they were paid a rate of $300 per day when Snoop was on tour and a rate of $25 per hour at other times. They allege that they were paid an overtime rate of $37.50 per hour only after 12 hours of continuous work.
Overtime in California can be confusing, but if the above is true, the defendants would be in a clear violation of state law. The state requires that one and a half times an employee’s base rate of pay be paid for all hours in excess of eight hours but fewer than 12 hours. After 12 hours, the employee should receive double his or her rate of pay. The state also requires overtime for hours in excess of 40 per week, but the two do not stack on top of one another.
Sleep time violations
The embattled rapper’s ex-bodyguards also wrote that they often had to make due on less than three hours of sleep. While Mitchell, Murray and Turk clearly had difficult jobs, I would not leap to the conclusion that this is a labor violation in the state of California.
In the case of Monzon v. Schaefer Ambulance Service (1990), the court held that an employer can enter into an agreement with employees working 24 hour shifts under which up to eight hours of sleeping time are excluded from pay if the employee can get at least five hours of uninterrupted sleep. The bodyguards did not get this much time, but as long as Snoop Dogg paid his employees for their time spent sleeping, he is legally in the clear.
Loss of break time
The bodyguards also contend that they were deprived of morning, lunch and afternoon breaks. In this case, according to the plaintiff’s allegations, the defendants would likely be guilty of a labor violation.
In California, employers cannot employ an employee for more than five hours per day without providing a 30 minute lunch break. If the employee works more than 10 hours, a second 30 minute period must be provided.
Unfair termination
Perhaps the most damning allegation is that the bodyguards were summarily terminated upon complaining about their unfair work conditions.
Under California Labor Code section 1102.5 subsection (c), an employer may not retaliate against an employee for refusing to participate in an activity that violates state or federal statutes, rules or regulations.
I can’t speculate as to Mr. Broadus’ guilt or innocence, but if the allegations are upheld, the rapper’s ex-bodyguards have a strong case for compensation.
If you have any questions about this post or would like to discuss your sports and entertainment matters , please contact me, Anthony R. Caruso at www.ScarinciHollenbeck.com.