Here’s the FLSA sheet and here’s the FMLA sheet.

Retaliation has now become the #1 most common discrimination complaint filed with the EEOC. Please please please never ever retaliate.

(Special thanks to Eric Meyer for bringing this to the Blawg’s attention.)

Wage & Hour Insights is reporting on a new lawsuit filed against Lady Gaga by her former personal assistant. In short, the plaintiff claims that she is owed several hundred thousand dollars because Lady Gaga failed to pay her overtime.

The Lawsuit

The complaint describes a 24-hour non-stop cycle of Gaga-ness, including allegations that the plaintiff:

• worked “not only in [Lady Gaga's] home, but also during her travels for her global concert tours, from city to city throughout the world, at locales including stadiums, private jets, fine hotel suites, yachts, ferries, trains and tour buses”
• “was always behind the scenes, and figuratively, if not literally, always at her side”
• “was on duty during all hours of each twenty-four (24) day, with no entitlement to breaks, for meals or otherwise, or, at times, even sleep”
• was responsible for keeping Lady Gaga “on her desired schedule from the earliest waking hour, for being responsive to the slightest need throughout the day, and for addressing spontaneous, random matters in the middle of the night”
• was also responsible for “ordering meals and ensuring that they were correctly prepared and served at specific times; maintaining the availability of [defendant's] personal supplies; ensuring the availability of chosen outfits; ensuring the promptness of a towel following a shower; and serving as a personal alarm clock to keep [defendant] on schedule”

Wow.

The Lessons

All employers (even celebrity superstars who demand 24-hour attention including “towel promptness”) need to know the ins and outs of the Fair Labor Standards Act.

Never ever assume that an employee is exempt from overtime just because they’re paid a salary. And always always always carefully follow FLSA record-keeping and other requirements. If you don’t, you could be facing claims for backpay, damages and penalties far exceeding the original amount owed.

Click here for our handy FLSA Cheat Sheet to help you stay out trouble.

Which of the following must employers pay?

1. On-call time
2. Commute time
3. Wait time
4. Changing into and out of uniform if required at work
5. Donning and doffing safety gear
6. Walking between changing and production areas
7. Rest periods of 30 minutes or less
8. Bona fide meal periods of 30 minutes or more
9. Travel during the course of the work day
10. Travel outside work hours

The Answers

Generally speaking, employers must compensate Items 4, 5, 6, 7 and 9. (As always, check with your favorite employment lawyer familiar with your state’s laws before making any changes to your policies and procedures.)

Stay tuned for more wage & hour tools & tips in the coming days. In the meantime, here’s our handy FLSA Cheat Sheet for your perusal.

The following is a little test of your knowledge of the “Wage & Hour Big 10.” If you master these, you’ll be well on your way toward a future free of FLSA foibles.

Which of the following must employers pay?

1. On-call time
2. Commute time
3. Wait time
4. Changing into and out of uniform if required at work
5. Donning and doffing safety gear
6. Walking between changing and production areas
7. Rest periods of 30 minutes or less
8. Bona fide meal periods of 30 minutes or more
9. Travel during the course of the work day
10. Travel outside work hours

Tune in tomorrow for the answers.