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Stan Lee's Former Assistant Files Lawsuit Against Him

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If indeed they were violating overtime rules that might be how he stays in court. I believe, but am not sure, that a plaintiff can get attorney's fees in those cases, so there is an incentive to wrap things up if there is anything to the claim to avoid running up the tab.

 

The inmate lawsuits clog the docket more. They can file for free.

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If indeed they were violating overtime rules that might be how he stays in court. I believe, but am not sure, that a plaintiff can get attorney's fees in those cases, so there is an incentive to wrap things up if there is anything to the claim to avoid running up the tab.

 

The inmate lawsuits clog the docket more. They can file for free.

 

California has an assistant exemption for its overtime.

 

administrative exemption

A person employed in an administrative capacity means any employee:

 

Whose duties and responsibilities involve either:

The performance of office or non-manual work directly related to management policies or general business operations of his or her employer or his or her employer's customers, or

The performance of functions in the administration of a school system, or educational establishment or institution, or of a department or subdivision thereof, in work directly related to the academic instruction or training carried on therein; and

Who customarily and regularly exercised discretion and independent judgment; and

Who regularly and directly assists a proprietor, or an employee employed in a bona fide executive or administrative capacity, or

Who performs, under only general supervision, work along specialized or technical lines requiring special training, experience, or knowledge, or

Who executes, under only general supervision, special assignments and tasks, and

Who is primarily engaged in duties which meet the test for the exemption.

An administrative employee must also earn a monthly salary equivalent to no less than two times the state minimum wage for full-time employment. Full-time employment means 40 hours per week as defined in Labor Code Section 515©.

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If indeed they were violating overtime rules that might be how he stays in court. I believe, but am not sure, that a plaintiff can get attorney's fees in those cases, so there is an incentive to wrap things up if there is anything to the claim to avoid running up the tab.

 

The inmate lawsuits clog the docket more. They can file for free.

 

that would be IF he can prove a pattern of overtime (do you think this guy keeps documentation?), "Hi PA guy, I know you have Saturday off, but would you like to go with Stan Lee to meet Manny Pacquiao tomorrow? You don't have to, but you can come if you want." If the plantiff doesn't have tapes, its probably not going to go well for him.

 

 

 

and depending on what his original contract says.

 

It's a long road to hoe, and likely tough to win with a jury, so yes, he's hoping for quick settlement (with the threat of legal fees). But Stan Lee doesn't have any shortage of money, and he values his rep and legacy. I hope he'd rather just crush him in court and leave the PA bankrupt from legal fees. (provided there's no blackmail materials on the side)

 

The above is obviously conjecture on my part, but that's how I see it as of now.

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If this guy was abused at Comikaze, what made him think things would be different going further?

 

Hope?

 

 

Meth?

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If this guy was abused at Comikaze, what made him think things would be different going further?

 

Hope?

 

 

probably a free ride to the bank 2c

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The best thing we can do is pass hasty judgment based on incomplete information and a pic or two.

 

 

Exactly.

 

 

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The best thing we can do is pass hasty judgment based on incomplete information and a pic or two.

 

Yeah. It is a little unfair.

 

He could very well be a decent employee and although Stan is nice to most people he meets people place different values and expectations on those closest to them.

 

I'm betting most people don't realize what they're in for when they start to hobnob with someone famous.

 

 

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The best thing we can do is pass hasty judgment based on incomplete information and a pic or two.

 

Yeah. It is a little unfair.

 

He could very well be a decent employee and although Stan is nice to most people he meets people place different values and expectations on those closest to them.

 

I'm betting most people don't realize what they're in for when they start to hobnob with someone famous.

 

 

 

He might be. It's entirely possible. Although, I haven't met very many Rhodes Scholars with a penchant for shower selfies and throwing up hand signs in every picture they take. We can only work with what we're given. lol

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If he is getting paid hourly and is claiming the overtime issue is the rate it should be pretty easy to document. How many hours did he get paid for. Now if he is claiming he didn't get paid at all for some hours that would obviously be much harder to prove.

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I'll keep saying it... he doesn't qualify for overtime.

 

 

:takeit:

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