A judge granted Creative Artists Agency’s motion to compel a former employee to arbitrate his lawsuit, in which the plaintiff claims he was not paid all overtime due, denied many meal and rest breaks and discriminated against due to his need to care for his disabled children.
David Solis says he was forced to resign earlier this year due to the workplace atmosphere. CAA contended he was bound by a clause in his employment agreement to arbitrate disputes.
On Tuesday, both sides submitted without argument to Los Angeles Superior Court Judge Jerrold Abeles’ tentative ruling granting the motion, which the judge then finalized. Abeles put the lawsuit on hold pending the outcome of the binding arbitration.
“The core obligation is bilateral,” the judge wrote.” CAA and plaintiff must both arbitrate all covered claims.”
Solis was hired in September 2022 as a unified communications engineer. His duties included managing voice and video traffic and providing telecommunications support. He says he worked 50 to 55 hours each week and was classified as an “exempt” employee even though he did not do managerial work.
An exempt employee is a worker who is not protected by the minimum wage and overtime rules of the Fair Labor Standards Act. Instead of tracking hours and earning extra pay for working past 40 hours a week, exempt employees receive a fixed, predetermined salary regardless of how many hours they work.
Solis was generally not permitted to take an uninterrupted 10-minute rest break before his meal break and an uninterrupted 10-minute rest break after his meal break, the suit contends.
“Plaintiff rarely had time to take rest breaks, and when he did take them, they were interrupted,” the complaint further alleged.
Solis objected to a management order earlier this year that he return to the office three days a week rather than continue working remotely full-time because he is the primary caregiver for his children, the suit states. The children have been diagnosed with severe attention-deficit/hyperactivity disorder and require direct supervision to ensure they receive their prescribed medication three times daily, the suit filed Aug. 5 further states.
“Plaintiff was ultimately informed that CAA does not provide workplace accommodations based on the medical conditions of employees’ family members,” according to the suit, which further states that Solis was given additional duties involving audio visual work after he requested an accommodation for the children.
Solis says he was forced to resign in February due to his workplace conditions and that the job he obtained after that paid him $10,000 less annually and offered fewer benefits.