The original plaintiff who sued the production companies behind “American Idol,” alleging that she and other contestants had to work long days with little to no breaks, is objecting to the proposed nearly $500,000 settlement.
In August, Los Angeles Superior Court Judge Samantha Jessner gave her tentative nod to the case originally filed by former “Idol” contestant Normandy Vamos in February 2023. Another ex-contestant, Franklin Boone, was added as a plaintiff four months later and is now the class representative rather than Vamos. For settlement purposes only, Jessner granted conditional certification of the class.
The preliminary accord includes a settlement payment of about $487,515 as well as a provisional certification of the lawsuit as a class action. A hearing on whether the proposed settlement should be finally approved as fair, reasonable and adequate as to the members of the settlement class is scheduled for Feb. 20.
But on Monday, Vamos, acting as her own attorney, filed court papers with Jessner objecting to the proposed accord, which she says would give each class member $500.
“Both Franklin Boone and I believe that the proposed $500 payment to each class member is unreasonably low, particularly because class members who are SAG-AFTRA participants may be entitled to additional compensation, residuals or benefits,” Vamos says. “We do not believe the proposed settlement adequately reflects the value of the claims or the rights of union members.”
Vamos also says she was not included, consulted or involved in the mediation or negotiation process and that she did not receive a copy of the proposed settlement agreement until early in August.
“I was pressured and coerced to accept the agreement despite having no prior involvement or understanding of the terms,” Vamos says. “By the time I had read it, the settlement has already been (preliminarily) approved by the court.”
Boone’s acceptance of the agreement, without understanding its implications, went against the best interests of both union and non-union class members, according to Vamos, who is asking that the judge “declare any such settlement invalid as to be inconsistent with union and labor law” and to order that the compensation be renegotiated in accordance with SAG-AFTRA scale.
The lawsuit named as defendants ABS, American Idol Productions Inc., Fremantlemedia North America Inc., Industrial Media Inc. and 19 Entertainment. The proposed class consists of all persons who auditioned before celebrity judges on “American Idol” or participated in later rounds of the show between Feb. 3, 2019, and the date of preliminary approval.
The lawsuit alleged that the proposed class members were purposely misclassified in their work status so as to deny them work protections and avoid paying them proper minimum wage, meal and rest break reimbursements and overtime, all of which are due those workers deemed employees.
The suit further contended that the contestants had to sign contracts agreeing that the performances of their songs and any acting or other presentation would not be deemed employment. In another document they were told to sign, the companies maintained that Vamos and the others were told they were not being considered for an employment position, the suit stated.
The defendants denied that Boone or the other contestants were employees or that they worked for them on “American Idol,” but instead said they were people who voluntarily took part in and auditioned for a contest.
But Boone maintains that he was told to stay at the apartment he was provided and not leave even to buy groceries without telling the defendants.