Pop superstar Lady Gaga suffered a setback in court Tuesday when federal judge Paul Gardephe ruled that a $380,000 claim against her by her former personal assistant will go forward, the New York Daily News reports.
The judge decided that a jury should hear the case in which Jennifer O’Neill says she is due the money in overtime pay for time O’Neill says Gaga forced her to be on call.
Gaga tried to have that part of O’Neill’s lawsuit against her thrown out.
"In 2011, Jennifer O’Neill sued Gaga for $380,000 of what she described as unpaid overtime, fuming that she was required to cater to the singer, or at least be on call, at ‘every hour of every day,’" the story reports. "Earlier this year, the ‘Bad Romance’ star asked Manhattan Federal Court Judge Paul Gardephe to toss out O’Neill’s claims for on-call pay, arguing that the assistant was allowed to take care of personal business — so long as she had her cell phone with her."
The judge ruled that on-call time can potentially be considered work. "He said it will be up to a jury to decide how much or how little being constantly on call restricted what O’Neill could do in her private time," the story reports.