Stan Lee's Former Assistant Files Lawsuit Against Him

[RockMyAmadeus]

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

 

Hope?

 

 

Meth?

 

Babes?

[jaybuck43]

he describes his duties in part 1, sub 15.

[01TheDude]

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

 

he may be able to piece meal it together using electronic devices like text messages, phone calls, emails, pictures etc. If he was taking care of the schedule-- that would probably help on top of the other data.

 

Not that the case seems all that strong in the first place though.

 

Only reason I can see to do this is to try to weasel a settlement or to get your 15 minutes of infamy

[MightyBeanComics]

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.

 

 

Very true...but then again..did you see the towel picks?

[bighairjer]

he describes his duties in part 1, sub 15.

 

I haven't seen the entire complaint, but if the duties are described in a way that supports the administrative exemption, and he is seeking compensation for unpaid overtime, than this dude needs a new attorney.

[Prince Namor]

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

 

Hope?

 

 

Meth?

 

Babes?

 

Meth Babes? Wait.... Ewww....

[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.

 

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

 

He probably did that to avoid getting removed to federal court where he would have to face Rule 11 sanctions for filing a claim so obviously covered by the administrative exemption.

[Jamie Coville]

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

 

Not that I've seen and I've seen maybe 10 on facebook? Both from former writer/artists and from other staffers who've worked him more recently. A number of them mentioned they pissed Stan off pretty bad a couple times while working for him and he's never exhibited this type of behaviour.

 

Some of these allegations are about his wife and daughter. No idea if they are like that or not.

 

But yeah, it looks like an *spoon* who just got laid off/fired from a well paying job and is lashing out, trying to get more money from it by damaging Stan and his family in hopes for a 'shut up and go away' settlement.

[jaybuck43]

Also digging into the attorney trying the case yields a bit of light also. McNulty was 4 times ineligible to practice law. The latest because of substance abuse issues. Sounds like a guy looking for a pay day found an attorney willing to do anything and filed this frivolous case. No smoke, no fire. O well we shall see what happens.

[rabidwolf]

Also digging into the attorney trying the case yields a bit of light also. McNulty was 4 times ineligible to practice law. The latest because of substance abuse issues. Sounds like a guy looking for a pay day found an attorney willing to do anything and filed this frivolous case. No smoke, no fire. O well we shall see what happens.

 

This is the kind of case a defense attorney loves going up against

[revat]

Also digging into the attorney trying the case yields a bit of light also. McNulty was 4 times ineligible to practice law. The latest because of substance abuse issues. Sounds like a guy looking for a pay day found an attorney willing to do anything and filed this frivolous case. No smoke, no fire. O well we shall see what happens.

 

This is the kind of case a defense attorney loves going up against

 

The result could be a crushing counter suit for defamation and/or slander and/or libel depending circumstances....

[WaltG12]

The result could be a crushing counter suit for defamation and/or slander and/or libel depending circumstances....

 

Could happen, but it'd be money down the drain, as they'd lose almost immediately.