Megan Thee Stallion asked a Los Angeles judge Tuesday to dismiss her from a federal lawsuit filed by her former cameraman, who alleges the hip-hop star created a hostile work environment by forcing him to watch her have sex with another woman in Spain while also fat-shaming him and not paying him his full wages.
Plaintiff Emilio Garcia’s Los Angeles federal court suit names as defendants Megan Thee Stallion, Megan Thee Stallion Entertainment Inc., Hot Girl Touring LLC, and Roc Nation.
The suit alleges retaliation and multiple labor violations and seeks unspecified compensatory and punitive damages.
Garcia maintains he was jointly employed by Megan Thee Stallion Entertainment and Roc Nation.
Tuesday’s motion to dismiss Megan Thee Stallion, whose real name is Megan Pete, from the suit for lack of personal jurisdiction contends the alleged incident occurred in Ibiza, Spain, but the entertainer is a resident of Florida, and Garcia is a Texas resident. Also, the motion alleges that Garcia’s “meritless” labor claims relate to a contract that classifies him as an independent contractor and provides for New York law and the exclusive jurisdiction of New York courts.
“Put simply, California has no jurisdiction over Ms. Pete in this case, and her motion should be granted,” lawyers for the performer wrote.
Roc Nation, the artist management company founded by Jay-Z, also filed papers Tuesday asking to be dismissed from the suit. Lawyers for the New York-based firm, which represents Megan Thee Stallion, claim that it was never Garcia’s employer or otherwise contractually engaged him for services.
A hearing is set in downtown Los Angeles on Aug. 22 for U.S. District Judge Herman Vera to consider the pending motions.
“Megan just needs to pay our client what he’s due, own up to her behavior and quit this sort of sexual harassment and fat shaming conduct,” plaintiff’s attorney Ronald Zambrano said when the suit was filed in Superior Court in April. “Emilio should never have been put in a position of having to be in the vehicle with her while she had sex with another woman. Inappropriate is putting it lightly. Exposing this behavior to employees is definitely illegal.”
The suit alleges the misconduct occurred while Garcia was touring with Megan Thee Stallion in Ibiza, Spain, in June 2022.
“Plaintiff could not get out of the car as it was both moving and he was in the middle of nowhere in a foreign country,” the suit states. “Plaintiff was embarrassed, mortified and offended throughout the whole ordeal.”
The singer later told Garcia not to talk about what he had seen with anyone, according to the suit, which further states that the following day Megan Thee Stallion told Garcia he was fat and ate too much.
Garcia, who began working with Megan Thee Stallion in July 2018 as her personal cameraman, maintains that he was classified as an independent contractor rather than an employee of the singer, depriving him of essential healthcare, proper wages and overtime pay in excess of six figures, according to the lawsuit.
Garcia was supposed to work regular eight-hour days, but he was required to take calls from Megan Thee Stallion and to perform other tasks without being given breaks for rest or meals, the suit states.
The performer also told Garcia not to work for anyone else, barring him from making additional money, according to the suit.
Garcia also was required to stay in the hotel while traveling with Megan Thee Stallion and to avoid using any amenities so he would be available all hours of the day and night, according to the suit.
Roc Nation fired Garcia one year ago, and he contends it was in direct retaliation for his complaints about the various employment grievances, according to the suit, which further states that the plaintiff “grapples with mounting anxiety, depression and physical distress stemming from the toxic work environment, compounded by the trauma of unpaid work.”
Rapper Tory Lanez was sentenced to 10 years in prison last August in Superior Court for shooting Megan Thee Stallion in the foot in July 2020 as they left a party at Kylie Jenner’s home.