Stan Lee's Former Assistant Files Lawsuit Against Him

[comix4fun]

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

 

 

So what you're saying is....he should sue for overtime.

[DeadpoolJr.]

My question is how did he get this job in the first place? Surely there should of been more qualified people?

[Azkaban]

I had a lot of crappy jobs in my youth. Never occurred to me to sue. I usually just quit and got a different one.

Exactly.

 

this

[Darkowl]

This story sounds strange to me. Has there been any other similar stories that have come forward from former SL employees?

[greggy]

I thought Max was Stan's personal assistant?

[Sardo Numspar]

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©.

 

The California State law exemption doesn't apply to federal FLSA claims, although the FLSA has its own administrative exemption. I wouldn't dismiss this claim so quickly.

[bluechip]

http://comicbook.com/2015/08/13/stan-lees-former-assistant-files-lawsuit-against-him/

 

Stan Lee's former assistant Shawn Lukaszewicz is claiming the 92-year-old Marvel icon has more in common The Hulk (co-created with Jack Kirby) than his happy-go-lucky public persona.

 

On Tuesday, Lukaszewicz filed a lawsuit against Stan Lee, his wife Joan Lee, daughter Joan Celia Lee, POW! Entertainment and Fatsalagata. He's accusing them of multiple labor code violations, wrongful firing and intentional infliction of emotional distress, that included a barrage of insults.

 

Lukaszewicz says he was initially hired to setup and manage Stan Lee's booth at the ComiKaze convention in November. What he believed to be his dream job soon turned into a nightmare. Stan Lee visited the booth and reportedly told Lukaszewicz that he did a "sh*tty job" and the booth looked "f*cking embarrassing."

 

Despite his claims of Lee being unimpressed with his work, Lukaszewicz was then hired to be Lee's full-time executive assistant, "with duties that included launching and managing websites, managing social media for Joan Celia Lee, and running personal errands for the Lees." For a 40-hour work-week, he was to be paid $40 an hour, but he had to be on-call at all-times and would not receive any overtime pay.

 

Lukaszewicz claims Lee told him to "get the out and never ring my damn doorbell again," when he went to drop off documents and mail to Lee's house, after being requested to do so by Lee's daughter.

 

He claims that Lee's daughter called him "f**king stupid" and threatened to fire him after he posted an image of her on social media, even though she is the one that supposedly asked him to post the image.

 

When Lukaszewicz bought a plane ticket to fly east to see his mom for her birthday, Joan Celia Lee asked him to delay the trip so he could help prepare for her birthday party, he says. But she reneged on her promise to reimburse him for his plane ticket and pay for a later flight, and berated him in front of guests at her party by calling him a "retarded *sshole," he says.

 

While Lukaszewicz drove Stan Lee to an April meeting with boxing champion Manny Pacquiao, "Stan Lee became very abusive towards plaintiff for driving too slow as Mr. Pacquiao was about to depart to Las Vegas for his May 1, 2015 fight with Floyd Mayweather," the complaint states.

 

When Pacquiao failed to show at the meeting, Lee called Lukaszewicz a "f*cking insufficiently_thoughtful_person," and added: "You wasted my time. Now everyone at the office thinks you are a f*cking *sshole," according to the complaint. - courthousenews

 

Stan can be curmudgeonly at times but never heard of him going to that extent. It's interesting how everybody he quotes uses similar words and syntax in their alleged abuse. Smells like a bad work of fiction

 

[the blob]

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©.

 

i figured as much as a personal assistant is just not an hourly job, not that kind of PA. new york may have the same sort of rule somewhere.

[the blob]

good point. i don't think a state definition preempts in a federal claim (unless the FLSA says it does)

 

after $40K in legal fees it will be determined that he is not entitled to the $20K in overtime he wants

[CatskillMike]

Stan just released a statement addressing the recent accusations.

 

 

 

[jaybuck43]

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©.

 

The California State law exemption doesn't apply to federal FLSA claims, although the FLSA has its own administrative exemption. I wouldn't dismiss this claim so quickly.

 

He doesn't raise FLSA claims, he raises California claims.

[romanheart]

If he was legitimately abused, verbally or otherwise, then I think he has every right to complain. No matter what you do at your job, you don't deserve to be yelled or sworn at. If your employer is not happy, there are still protocols.

 

Is this guy looking for a quick payday, or someone who is genuinely grieved? The details will find this out.

[jaybuck43]

[revat]

If he was legitimately abused, verbally or otherwise, then I think he has every right to complain. No matter what you do at your job, you don't deserve to be yelled or sworn at. If your employer is not happy, there are still protocols.

 

Is this guy looking for a quick payday, or someone who is genuinely grieved? The details will find this out.

 

What if you do deserve to be yelled at or sworn at?

 

There's a case locally where the City put up to say it was unsafe to down the sign at the construction site build due to rain, and the foreman tore down the sign and sent the people to work. A wall then fell on a worker who died. Then the foreman and the general contractor were charged with involuntary manslaughter, AND CONVICTED. I think its ok for the general contractor to yell and swear at the foreman.

[Darkowl]

If he was legitimately abused, verbally or otherwise, then I think he has every right to complain. No matter what you do at your job, you don't deserve to be yelled or sworn at. If your employer is not happy, there are still protocols.

 

Is this guy looking for a quick payday, or someone who is genuinely grieved? The details will find this out.

 

What if you do deserve to be yelled at or sworn at?

 

There's a case locally where the City put up to say it was unsafe to down the sign at the construction site build due to rain, and the foreman tore down the sign and sent the people to work. A wall then fell on a worker who died. Then the foreman and the general contractor were charged with involuntary manslaughter, AND CONVICTED. I think its ok for the general contractor to yell and swear at the foreman.

 

That might be an exception to the rule.

[Silver Surfer]

Stan paid this guy $83,200 a year.

 

His MySpace

 

 

Let me make sure my cap is titled just right so I can look wicked when I take a stupid selfie of myself, tool! When will kids these days realize that acting like a punkarse is not cool, it makes you look like an idgit.

[Azkaban]

If he was legitimately abused, verbally or otherwise, then I think he has every right to complain. No matter what you do at your job, you don't deserve to be yelled or sworn at. If your employer is not happy, there are still protocols.

 

Is this guy looking for a quick payday, or someone who is genuinely grieved? The details will find this out.

 

Maybe, maybe not. Sometimes people settle just to make it go away because it will cost more to fight it.

[Prince Namor]

http://comicbook.com/2015/08/13/stan-lees-former-assistant-files-lawsuit-against-him/

 

Stan Lee's former assistant Shawn Lukaszewicz is claiming the 92-year-old Marvel icon has more in common The Hulk (co-created with Jack Kirby) than his happy-go-lucky public persona.

 

On Tuesday, Lukaszewicz filed a lawsuit against Stan Lee, his wife Joan Lee, daughter Joan Celia Lee, POW! Entertainment and Fatsalagata. He's accusing them of multiple labor code violations, wrongful firing and intentional infliction of emotional distress, that included a barrage of insults.

 

Lukaszewicz says he was initially hired to setup and manage Stan Lee's booth at the ComiKaze convention in November. What he believed to be his dream job soon turned into a nightmare. Stan Lee visited the booth and reportedly told Lukaszewicz that he did a "sh*tty job" and the booth looked "f*cking embarrassing."

 

Despite his claims of Lee being unimpressed with his work, Lukaszewicz was then hired to be Lee's full-time executive assistant, "with duties that included launching and managing websites, managing social media for Joan Celia Lee, and running personal errands for the Lees." For a 40-hour work-week, he was to be paid $40 an hour, but he had to be on-call at all-times and would not receive any overtime pay.

 

Lukaszewicz claims Lee told him to "get the out and never ring my damn doorbell again," when he went to drop off documents and mail to Lee's house, after being requested to do so by Lee's daughter.

 

He claims that Lee's daughter called him "f**king stupid" and threatened to fire him after he posted an image of her on social media, even though she is the one that supposedly asked him to post the image.

 

When Lukaszewicz bought a plane ticket to fly east to see his mom for her birthday, Joan Celia Lee asked him to delay the trip so he could help prepare for her birthday party, he says. But she reneged on her promise to reimburse him for his plane ticket and pay for a later flight, and berated him in front of guests at her party by calling him a "retarded *sshole," he says.

 

While Lukaszewicz drove Stan Lee to an April meeting with boxing champion Manny Pacquiao, "Stan Lee became very abusive towards plaintiff for driving too slow as Mr. Pacquiao was about to depart to Las Vegas for his May 1, 2015 fight with Floyd Mayweather," the complaint states.

 

When Pacquiao failed to show at the meeting, Lee called Lukaszewicz a "f*cking insufficiently_thoughtful_person," and added: "You wasted my time. Now everyone at the office thinks you are a f*cking *sshole," according to the complaint. - courthousenews

 

 

 

What did he think being a PA would be like ?

 

Someone's never seen "Swimming With Sharks" have they?

 

 

Kevin Spacey was hilarious in that.

[bighairjer]

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©.

 

Without knowing what duties he was primarily engaged in while performing in his job function, one cannot determine if he would meet the criteria for the exemption.

 

[revat]

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©.

 

Without knowing what duties he was primarily engaged in while performing in his job function, one cannot determine if he would meet the criteria for the exemption.

 

without him being able to effectively provide evidence of the unpaid overtime and/or abuse, he's going to have tough time getting past prelim. Do you think he documented it all? do you think he asked them to stop and can show that? Do you think he'll make a viable witness in court vs Stan Lee? Do you think a jury will even think this constitutes abuse? What about the Assistant exemption? What about the contract?

 

The truth is, we will never know what happened, we weren't there, and there likely isn't Ray Rice video of everything, and each side will likely tell its own version. Its entirely about what you can get a jury to believe. And of course its very very early, but it doesn't look like a great case...looks more like a cash grab