Grammy award-winning R&B artist, Usher is being sued by his former nanny, Cecilia Duncan for unpaid overtime wages and wrongful termination. Usher was ranked named one of the best-selling artists in American music history by the Recording Industry Association of America (RIAA) after selling a record-breaking 23 million records in the United States and 65 million records worldwide.
According to Duncan, she started working as a nanny for Usher Raymond IV in December 2010 and often times worked more than 8 hours per day and 40 hours in a week. In California, non-exempt employees shall not be employed more than 8 hours in any day or more than 40 hours in any week unless that employee receives 1 1/2 times their regular rate of pay for all hours worked over 8 hours in any workday and over 40 hours in the week. Over 12 hours is double the employee’s regular rate of pay for all hours worked in excess of 12 hours.
Duncan claims she spoke to Usher about her missing overtime wages in April 2011, and followed up with his accounting firm, David Weise & Associates Inc., in January 2012. Duncan says she eventually received a response from David Weise & Associates in April 2012, when an account manager with the firm asked her to keep track of her hours and submit time sheets every two weeks.
Duncan followed those instructions, but a partner with the firm emailed her in August 2012 to announce that she would be paid by the “fluctuating workweek” method, claiming that method was required by the federal Fair Labor Standards Act (FLSA).
According to Duncan, she never agreed to those terms, but signed an acknowledgment because of the partner’s false claim that it was required by law. After finding out that the partner was incorrect one week later she revoked the acknowledgment, claiming the payment amount was off. Duncan claims Usher fired her in early September in retaliation for complaining about her wages.
Consequently, Duncan filed a lawsuit against Usher and David Weise & Associates for damages and a declaration that their practices she describes are illegal, claiming failure to pay wages, waiting time continuation, failure to provide accurate itemized statements, failure to provide meal and rest periods, unfair competition, wrongful termination and violation the FLSA.
If you have suffered wrongful termination or other employment law violations, please call California Employment Attorney, Todd M. Friedman for a free consultation.
