#Overtime #Complaints in #Hollywood

Newsflash from your Hollywood Attorney:

It’s no secret that filming movies and television shows can add up to long days, but a new lawsuit alleges that one Hollywood secret involves unpaid overtime. Hollywood has been in the news recently following intern lawsuits alleging unpaid wages, but now California overtime lawsuits are being filed alleging violations of overtime laws on the part of Hollywood producers.

a former video editor who worked on multiple shows from October 2012 to February 2013 alleges he was not properly paid for overtime. Furthermore, plaintiff Philip J. Pucci alleges the company he worked for, 495 Productions, failed to meet minimum wage laws, failed to pay wages in a timely manner and did not provide proper statements to employees.

The lawsuit alleges that Pucci was paid $1,250 per week, but only received overtime if he worked more than 60 hours in a week.

Meanwhile, a nursing home in California faces allegations that it failed to pay workers overtime and retaliated against an employee who cooperated with investigators. Ventura County Star (4/1/14) reports that the US Department of Labor filed a lawsuit against Oxnard Manor Healthcare Center for forcing employees to work off-the-clock, making them deduct hours from their time cards and failing to pay overtime wages when employees worked more than 40 hours in a week.

Furthermore, the nursing home is accused of misclassifying some workers as exempt from overtime. The nursing home and its administrator are named as defendants in the lawsuit. A lawyer representing them said they deny any wrongdoing.

The lawsuit seeks unpaid overtime, unpaid wages and damages. It also seeks reinstatement for the employee who was allegedly fired for cooperating with investigators.

Large and small businesses can face allegations of overtime pay violations. McDonald’s reportedly faces lawsuits in three states - including four lawsuits filed in California - alleging the company did not properly pay employees for overtime work, that it forced employees to work off-the-clock and managers removed employee hours from time cards. The lawsuits also include claims that employers denied their workers proper meal and rest breaks.

Under the Fair Labor Standards Act, employees who are not exempt from overtime pay must be paid at a rate of one-and-one-half times their regular pay for all hours worked in excess of 40 hours in a workweek. Companies that fail to do so could face unpaid overtime lawsuits, and be forced to pay back not just the unpaid overtime but, if necessary, punitive damages as well.

Source....  L&S

Stay Safe Out There - If You Need Help just Give Me a Call!

To schedule a free consultation and learn how we can help you, contact Beverly Hills DUI Attorney Jonathan Franklin today.

http://lawofficesofjonathanfranklin.blogspot.com/

Law Offices of Jonathan Franklin
Open Evenings and Weekends this Summer
Call Us Now (310) 273-9600     
 http://www.jonathanfranklinlaw.com

Nick Stahl Terminator Star Arrested Again for Drugs

Nick Stahl is back in jail after getting busted for drugs early this morning.

LAPD tells us the "Terminator 3" star was arrested around 5 AM when police found him in a Hollywood motel with three other people ... they were all allegedly using meth.

Stahl was taken into custody -- along with the other individuals.

We're told police actually went to the motel to conduct a parole compliance check on one of the people Stahl was hanging with this morning.

Mr. Stahl has battled drug addiction for years.

Read More.... http://www.tmz.com/2013/06/28/nick-stahl-arrested-meth-hollywood/#ixzz2XX3SN5b3

Law Offices of Jonathan Franklin
Open Evenings and Weekends this Summer
Call Us Now (310) 273-9600   
 http://www.jonathanfranklinlaw.com

Arrested 46 Times for the Hollywood Stabbing Suspect

County supervisor Zev Yaroslavsky said today that Dustin James Kinnear—who's been charged with murder in the June 18 stabbing death of Christine Caldron—was recently paroled from prison, according to City News Service.

The Sacramento Bee reports that Kinnear's early release was through AB109, a state cost-savings program. [Note: The Associated Press informed us their original article was not accurate: AB109 was designed to reduce prison overcrowding, not save money.]

Yaroslavsky is trying to put together a timeline in the county's handling of what turned out to be a high-risk individual, and whether Kinnear ever received a mental health evaluation. Kinnear's mother has told the media that her son had mental problems and that this kind of tragedy was "a matter of time."

"This timeline may contribute to our understanding of this specific situation and inform interventions to ensure that probationers are engaged in appropriate rehabilitative services, high risk incidences are deterred, and public safety is preserved," Yaroslavsky said. In other words, he wants to make sure that no one drops the ball like this again any time soon.

When the three men appeared in court for arraignment, both Kinnear and Jason Joel Wolstone, 33, one of the other transients charged with a lesser offense in the crime, were wearing yellow prison clothes, which typically designate psychological issues of some kind, CNS reports.

According to Sheriff's Department records, Kinnear was in and out of county jails five times during April and May, for stretches ranging from two to nine days.

Read More.... http://laist.com/2013/06/25/hollywood_stabbing_suspect_paroled_early.php

Law Offices of Jonathan Franklin
Open Evenings and Weekends this Summer
Call Us Now (310) 273-9600   
 http://www.jonathanfranklinlaw.com

Hollywood Man Threatens Neighbors with a Machete

A Hollywood man was arrested Wednesday after he allegedly threatened neighbors with a machete and barricaded himself inside his apartment, police said.

The man, wrapped in a white blanket, was led out of the building in handcuffs just before 5 a.m.

His arrest came after LAPD SWAT officers fired tear gas canisters into his apartment.

The first call to police came in around 10:45 p.m. Tuesday from the 1700 block of Fuller Avenue, the LAPD said.

Residents reported that a man armed with a machete was threatening people in the jacuzzi area.

“I looked up and I saw the guy yelling and screaming,” neighbor Ashley Masteller said.

“He went into his apartment, and he came back out with a machete that he was waving around and just screaming obscenities,” she said.

“He was angry. He acted kind of manic, kind of like he was on something,” she added.

“He was telling the police to shoot him and saying he was going to put everyone in their coffin,” she said. “He was yelling out specific apartment numbers in our building.”

The man threw the machete into the pool and retreated to his apartment on the fifth floor, police said.

Hostage negotiators were brought in, and police said they communicated with the man on and off. The SWAT team was called in around 2 a.m.

A number of residents were evacuated from neighboring apartments during the standoff.

Then, at about 4:30 a.m., several loud bangs were heard coming from the building and the man was taken into custody.

He was put into an ambulance with some cuts and bruises, authorities said. They also planned to evaluate his mental state.

Police were in the process of combing through the apartment searching for any booby-trap devices or additional weapons.



Read More ans See Video...  http://ktla.com/2013/05/08/man-barricaded-inside-apartment-in-hollywood/#ixzz2SqExDB7b

Dr. Arnold Klein, the dermatologist to the stars has a warrant out for his arrest.

As you know, Klein has plummeted from grace after MJ's death. TMZ broke a number of stories, revealing that the Doc injected MJ with Demerol scores of times in the months leading to his death.  He also used multiple aliases for MJ in prescribing meds.

Klein -- who has now filed for bankruptcy -- failed to turn over more than 100 pieces of wildly expensive artwork as well as a 2001 Ferrari Spider to the bankruptcy trustee.

The judge has now ordered the U.S. Marshals to arrest Klein and send him to the federal pokey until he turns over the goods.

As for the artwork, it includes pieces by Andy Warhol (including the famous Marilyn Monroe), Robert Graham, David Hockney, Roy Lichtenstein, Claes Oldenburg, Renoir, Rodin and Toulouse-Lautrec.

Read more: http://www.tmz.com/2013/02/21/michael-jackson-doctor-arnold-klien-arrest-warrant-art-ferrari-jail/#ixzz2LZScPlyT

Justin Bieber Murderer's Chilling Phone Call Details Castration Plot

A convicted murderer's terrifying phone call to a hit man -- in which he describes a plot to murder and castrate Justin Bieber and his bodyguard -- has been released.

Hear the audio here... http://www.tmz.com/2013/02/19/justin-bieber-murderer-dana-martin-phone-call-prison-castration/

The phone call -- obtained by KOAT 7 News in Albuquerque, NM -- was placed from a Las Cruces prison last November by Dana Martin, who's currently serving two life sentences for raping and killing a 15-year-old girl.


Martin -- reportedly obsessed with Justin Bieber -- is the first voice on the tape. The person he's calling is Tanner Ruane, the man who's accused of conspiring to carry out the Bieber castration since Martin was behind bars.


Ruane is the nephew of a former Las Cruces inmate named Mark Staake, whom Martin had also allegedly recruited to help carry out the murder following Staake's release last fall.

In the clips released by KOAT, Martin tells Ruane ... "[Mark's] going to kill the pit bulls and you're going to castrate them."

According to police, "pit bulls" was the code word for Bieber and his bodyguard.

In the call, Ruane mentions the "hedge clippers" he was planning to use to carry out the deed.

Martin also describes how to perform the murders using his signature paisley tie -- "Tie it really really tight. Knot it in the front once, really tight, put it in a knot. That cuts off the oxygen, and then tie it in the back again, really tight. That seals the deal."

Read more: http://www.tmz.com/2013/02/19/justin-bieber-murderer-dana-martin-phone-call-prison-castration/#ixzz2LNcK78q7

Martin Scorsese Project Triggers New $20 Million Lawsuit

The attorney who once represented '300' producer Gianni Nunnari is now going after his former client over fraud allegations.

The lawsuit from New York lawyer Aaron Richard Golub is a complicated, decade-spanning one that deals with conflicts, duties and representations made in Hollywood. It also marks the latest twist in an old battle between two Italian cinema giants -- Nunnari and Vittorio Cecchi Gori -- as well as the latest development in an ongoing battle over Silence, which Scorsese agreed to direct but has languished in development for more than two decades.

Who is Gianni Nunnari?
He was the former president of Cecchi Gori Pictures from 1996 until 2008. But he was also the head of Hollywood Gang Productions, a company that loaned out his producing services. In effect, he was what a judge once termed a "dual agent," representing Cecchi Gori's interests on one hand and his own on the other. This brought trouble.

Who is Vittorio Cecchi Gori?
He was the son of a famous Italian film mogul who took the reigns of the family business. In the 1990s, the Cecchi Gori Group was an important player in Hollywood with relationships with Silvio Berlusconi and Rupert Murdoch, often acting as the middle man for Hollywood studios eager to sell foreign distribution rights.

Nunnari had a 25-year friendship with the Gori family and headed the company's U.S.-based division, but the relationship deteriorated between 2006 and 2008 when Gori discovered that Nunnari was using the company's offices to operate his own Hollywood Gang Productions and take prized projects away from Cecchi Gori Pictures.

Before the relationship deteriorated -- which set off litigation between Nunnari and Gori -- Hollywood Gang Productions sued Scorsese for failure to live up to an agreement to direct Silence, based on an award-winning Japanese novel by Shusaku Endo.

The lawyer who brought that lawsuit in 2003 was Aaron Richard Golub, who was working on a contingency basis. A settlement in the lawsuit represented a bonanza for Nunnari's Hollywood Gang Productions and presumably Golub. Scorsese agreed to pay $1 million and an "annuity" for substantial future income. Nunnari also got executive producer credit on Scorsese's The Departed and Shutter Island.

But in 2011, a decision from a California judge came in the legal war between Nunnari and Gori. The judge dismissed Nunnari's claims for wrongful termination and in extraordinarily strong language, ruled in favor of Gori's allegations of breach of fiduciary duties, fraud and other claims.

So, Cecchi Gori Pictures was declared the owner of Silence, and in the aftermath of the victory, the company had taken up a new fight with Scorsese over his continued failure to direct the film. In November, Scorsese defended waiting 22 years to direct the picture, and among other things, alluded to the Gori-Nunnari cloud that hung over the film as one of the reasons.

Now that Nunnari has lost to Gori, he must face claims from his contingency-fee lawyer, Golub, who cites "Nunnari's judicially determined persistent pattern of untruthfullness and deception"
Golub alleges that facts were concealed to him by Nunnari when he entered into a retainer agreement and brought the original 2003 lawsuit against Scorsese.

He says that if he had known of "Nunnari's dishonest, unlawful and nefarious business practices, fraud, constructive fraud, concealments, and breaches of fiduciary duties and breaches of employment agreements, then Plaintiffs never would have entered into the retainer agreements with Defendant or continued in the legal representation of Defendant."

Read the full complaint, which includes a copy of the judge's 2011 decision in the Nunnari-Gori war... http://www.scribd.com/doc/125651122/Nun-Nari

Read More... http://www.hollywoodreporter.com/thr-esq/martin-scorsese-project-triggers-new-421844

Steven Tyler Speaks Out Against Paparazzi at Hearing in Hawaii

The Aerosmith singer advocates for a state law that would allow celebrities to take legal action against invasive photographers.

The feud between celebrities and the paparazzi seems like a never-ending war, with stars citing their right to privacy and photographers combatively shielding themselves with their first-amendment rights. Rock star Steven Tyler appeared Friday at a Hawaii legislative hearing to push a bill, the so-called Steven Tyler Act, which is aimed at protecting celebrities’ privacy.

The bill, which was drafted by Tyler's manager and introduced by Sen. Kalani English, would give celebrities the power to sue paparazzi who take photos or video of their private lives in an offensive way.

The legislation has numerous supporters, both on Capitol Hill and in Hollywood. More than two-thirds of the state Senate co-sponsored the measure, and more than a dozen stars, including Britney Spears and Avril Lavigne, submitted testimony supporting the bill. Rocker Mick Fleetwood was also present at the hearing to speak on the bill’s behalf.

Read More... http://www.hollywoodreporter.com/news/steven-tyler-speaks-paparazzi-at-419907

FBI Accuses Purported Film Financier With Running 'Ponzi-Type Fraud Scheme'

Nicholas Mussolini, the head of a company that once promised hundreds of millions of dollars to fund 10 to 15 film projects a year, is now facing up to 30 years in prison.

The FBI has arrested Preston Waters CEO Nicholas Mussolini and charged him with knowingly devising a scheme to obtain money by fraudulent pretenses.

Preston Waters made a splash by announcing to Hollywood trade publications that it would be fully financing 10 to 15 projects a year in the $20 million to $60 million budget range. Its first project was to be a UK sci-fi thriller budgeted at $22 million called Lucidity from the directors Bert & Bertie about a dystopian future in which an addictive drug allows memories to be downloaded and traded.

But the financing never came to fruition. Last November, the producers sued after allegedly being "scammed" by individuals who were working with Preston Waters and held themselves out to be film financiers.

The Lucidity producers might not have been the only victims.

a criminal complaint filed two weeks ago in New York federal court against Mussolini that says he's been the target of an FBI investigation since October.

According to court papers detailing the nature of the investigation by FBI special agent Allan Rains, the investigation commenced after federal authorities received a complaint from an individual referred as "Victim #1."

Mussolini is alleged to have told this individual that he could obtain a $10 million loan, but that the individual would first need to make a $750,000 advance fee to close the loan. Mussolini is said to have accepted $150,000 last March as an initial deposit to secure the first $1.5 million. The loan never materialized.

Similarly, Mussolini is alleged to have accepted $458,000 last February from "Victim #2" to make an $11 million loan happen. The deal was structured so that Mussolini would take 75 percent of the business venture's profits until the loan was paid off and 50 percent thereafter.

Victim #2 is said to have gotten $150,000 back, but not the loan as promised, and is still out $308,000, according to the FBI.

FBI agent Rains has testified that an analysis of Mussolini's bank accounts reveals that last March, the defendant returned a small portion of the money to Victim #1 and Victim #2 and made payments to other individuals.

"Based on my training and experience, I believe these individuals and/or entities are additional victim clients of Mussolini," writes Rains. "Based on my knowledge, experience and training, I know that payments of this nature are typical in a 'Ponzi' type fraud scheme. These payments are often made to pacify investors, or in this case, individuals and/or entities who were required to pay advance fees for loans, the funding for which was never realized."

Mussolini is now being charged with a count of wire-fraud that carries penalties of up to 30 years in prison as well as a $1 million fine. He has been released on bail.

Read More... http://www.hollywoodreporter.com/thr-esq/fbi-accuses-purported-film-financier-417767

SAG-AFTRA Commercials Proposals to Focus on Wages, P&H

Meanwhile, there are no concrete developments in merging the two sets of pension and health plans.

Saturday’s SAG-AFTRA board meeting was memorialized by only a summary press release, but The Hollywood Reporter has learned some details about a key subject at the meeting: the bargaining package that the union will present at upcoming negotiations with the advertising industry.

That package will include proposals for:
* annual wage increases, rather than the triennial schedule that has been the norm;
* a significant increase in pension and health contributions, which are currently at a percentage rate that’s lower than what motion picture and television producers and studios pay; and
* changes related to Internet commercials.
The package was approved virtually unanimously Saturday, with only about two "no" votes.

Negotiations begin Feb. 14, with SAG-AFTRA co-president Roberta Reardon serving as chair of the negotiating committee. National executive director David White is chief negotiator, while assistant national executive director for contracts Ray Rodriguez and associate national executive director Mathis Dunn are co-lead negotiators.

According to a source, the negotiations also will focus on moving all television commercial work to the SAG commercial agreement, which is largely the case already. The AFTRA document is virtually identical, but the choice of contracts determines whether pension and health contributions go to the SAG P&H plan or the AFTRA Health & Retirement fund.

They have not announced any concrete progress toward unifying their respective P&H/H&R plans. Members continue to fail to qualify for health coverage or pension credits, sometimes falling short of necessary thresholds by just a few hundred dollars.

According to a statement released by the union, “The trustees of [the two plans] ... continue formal communications regarding the issue of reciprocity and, ultimately, merger between the plans, and discussions are progressing between the two organizations.”

Read More... http://www.hollywoodreporter.com/news/sag-aftra-commercials-proposals-focus-417724

Oprah's OWN Hit With Sex Discrimination Lawsuit

Oprah Winfrey's OWN network has been sued by a former employee who claims she is the victim of sex and pregnancy discrimination.

In a lawsuit filed Friday in Los Angeles Superior Court, Carolyn Hommel claims she was hired in 2010 as senior director of scheduling and acquisitions at the network, co-owned by Discovery Communications. But despite receiving a favorable performance review and being told she was on-track to become a vice president, she was replaced by a temporary employee when she was forced to take a medical leave during her pregnancy. Hommel says her duties were gradually taken away from her and given to the temporary employee, and she was later excluded from numerous meetings when she returned to the office.

On March 19, 2012, a month after giving birth to her daughter, Hommel was told she was being laid off, the complaint alleges. She was encouraged to re-apply for the vice president job, but she was passed over. She claims that her boss, Michael Garner, fabricated a performance review that "made Hommel's job duties and responsibilities appear less 'senior' and therefore not a candidate for the new vice president position." Garner also is a defendant in the suit.

Read lawsuit here: http://www.hollywoodreporter.com/sites/default/files/custom/Documents/ESQ/OWN.pdf

Hommel claims her demotion and layoff are a direct result of her becoming pregnant and requiring a medical leave. She is seeking unspecified damages.

The suit, filed by Michael Bononi and Christy Granieri of Bononi Law Group, alleges causes of action for sex discrimination, disability discrimination, failure to prevent discrimination, retaliation and willful failure to pay wages upon discharge or termination.

Read More... http://www.hollywoodreporter.com/thr-esq/oprahs-own-hit-sex-discrimination-417565

Lawsuit Claims SyFy's 'Face Off' Stolen From Pitch Meeting

SyFy and owner NBC Universal were sued Friday by a production company that claims it pitched a show on make-up artists but the network took the idea and instead created the hit reality series Face Off.

The lawsuit, filed in Los Angeles Superior Court, alleges breach of implied-in-fact contract, breach of confidence, unfair competition and other charges.

Read Full Complaint.... http://www.hollywoodreporter.com/sites/default/files/custom/Documents/ESQ/SyFy.pdf

The Results Group, which formerly was known as Studio City, says that in May 2009 a meeting was arranged by an agent at William Morris to pitch a make-up competition show hosted by a female actor. It centered around a $100,000 prize.

The pitch meeting with SyFy allegedly was attended by an executive from The Results Group, a producer it brought in, a consultant and its agent. After the meeting, Results Group allegedly was told the network had decided not to pursue a TV series based on its idea and materials.

When the company learned SyFy was doing a similar series, it asked for evidence the series was not copied from the pitch. In response, SyFy allegedly provided documents that said Face Off had been planned prior to the pitch meeting. When the show debuted on SyFy in January 2011, the Results executives felt what they saw was very much like what they pitched. In the first episode, contestants had to make up models to look like either a beetle, an ostrich or an elephant. The suit says that conceit was substantially similar to the show that was pitched.

The suit seeks damages to cover the lost credit and producing fees, the cost of the suit and other punitive damages to be determined by a judge. Results Group also wants any money the network made off the show.

Read More... http://www.hollywoodreporter.com/thr-esq/lawsuit-claims-syfys-face-stolen-415602