Law360, New York (November 08, 2011, 7:12 PM ET) -- A former parking production assistant lodged a wage-and-hour class action in New York federal court Tuesday, accusing HBO Films, Warner Brothers Entertainment Inc. and other studios and production companies of failing to pay overtime.
Corey Leach brought the suit, alleging that during his employment on film and TV sets from 2007 to 2011, he was paid a fixed amount per 12-hour shift and never received overtime pay, despite sometimes working as much as 90 to 100 hours a week.
Leach’s work includes stints on the sets for the movies “Friends With Benefits,” “Lipstick Jungle” and “The Wackness,” as well as “The Sopranos” television show, the complaint says.
Additionally, Leach says he was not paid for working in excess of 10 hours per day as required by New York state law.
Leach claims that at all times while he worked for the defendants, he was a full-time employee working in excess of 40 hours a week performing duties that are not exempt under the Fair Labor Standards Act.
“[Leach] does not fit into any of the categories of exempt employees under the FLSA and is therefore entitled to an overtime rate of pay,” the complaint said.
In addition to HBO and Warner Bros., the suit names Entertainment Partners, EPSG Management Services LLC, Margin Call Productions LLC, NBC Studios Inc., GEP Administrative Services Inc., GEP Pixpay Services LLC, Swubtl LLC, Cast & Crew, Essential Pictures, Occupant Films, Open City Films, SBK Pictures Inc., Screen Gems Inc., The Weinstein Co., Zucker Productions and Axium International Inc.
Leach seeks to represent a class of employees who performed any work in any of the defendants’ New York locations during the previous six years who were not paid overtime or those who worked more than 10 hours per day and were not properly compensated.
The proposed class is seeking a jury trial, preliminary and permanent injunctions, unpaid wages, liquidated damages as well as general and special damages.
Representatives for the parties did not immediately respond to requests for comment Tuesday.
Leach is represented by James Vagnini of Valli Kane & Vagnini LLP.
Counsel information for the defendants was not immediately available.
The case is Leach v. Entertainment Partners et al., case number 1:11-cv-07944, in the U.S. District Court for the Southern District of New York.
--Editing by Andrew Park.
Article by: Stewart Bishop
