Porn News

Update: Former employee Darby Castellon is suing Derek Hay and Direct Models, Inc.

Former employee Darby Castellon is suing Derek Hay and Direct Models, Inc.

Castellon’s lawsuit, filed October 22 in the Superior Court of the State of California for the County of Los Angeles, alleges wrongful termination; violation of labor code 510, 512- failure to pay overtime; violation of labor code 226.7 (b)- failure to provide a second meal period; failure to properly compensate- fraud; violation of labor code 203, 218.5 and 218.6 and unfair business practices in violation of Bus. And Prof. Code 17200.

According to the suit, Castellon was an employee of Hay’s and worked as a personal assistant until he was terminated September 4, 2008. Castellon was paid an hourly rate of $37.66 and worked six days a week.

Castellon’s suit alleges that he was not paid overtime in violation of labor code 510-511 and that he was not correctly compensated because his hours were consistently miscalculated.

Castellon’s suit also alleges that while in the employ of Hay he was not provided meal breaks and rest periods – in violation of California Labor Code 512 and 226.7. It also says that Castellon virtually never had an uninterrupted meal and that virtually every lunch was made a “working lunch.”

It contends that Castellon and other employees were not permitted to leave the premises at lunch time but that they had to send a driver to bring lunch to the office.

“Apparently so that employees would have no excuse for leaving the office.”

It’s also stated in the suit that Direct Models affords no lunch room facility to employees where employees can sit and eat in a relaxed atmosphere.

“Instead there is a closet where defendants’ maintain a microwave and a refrigerator.”

The suit goes on to say that on or about June 2008, Castellon was told that due to a miscommunication, Direct Models took a loss of $365 regarding an airline flight and that Castellon would have to make up $182.50 of that money. It was then deducted from his paycheck.

Castellon also alleges that he was forced to use his car almost on a daily basis to run personal errands for the company without any reimbursement for mileage. On another occasion, Castellon was required to drive one of the performers to a shoot in Santa Monica during which he got a flat tire. Castellon’s suit alleges that he paid $389 out of his own pocket, then asked reimbursement from Hay but was refused it.

Then, on four different occasions between March 2008 and September 2008, Castellon was interrupted while using the mens room by an employee named Veronica and was told that he had to return to his desk immediately because Hay had a question for him.

Castellon’s suit also alleges that he was required to use his own cell phone to conduct daily office business. Castellon claims that he was on call all hours of the day and night and obligated to answer his phone. Castellon also claims that Hay would incessantly bombard him with such calls until he answered.

Castellon’s suit further contends that his termination from Direct Models was wrongful in violation of California Labor Code 200-204, 226.7, 350, 8 Cal Regs. 11010-11150, 29 CFR 778 and other state and federal laws and statutes.

The suit goes on to state that Hay and Direct Models “intentionally created and or knowingly permitted working conditions that were so intolerable or aggravated” that a reasonable person would have been forced to resign.

Conditions in the work place were also such, according to the suit, to overcome the normal motivation of a competent, intelligent employee to remain on the job.

Castellon’s suit alleges a pattern of abuse which became “intolerable” and that Hay demanded 60 hour work weeks but would only pay for 37.5 of those hours.

Hays, alleges Castellon, created a hostile work environment with continuous harassment. Castellon then claims he was terminated because a birth certificate had not been obtained for a model who had lost her purse containing her driver’s license and identification.

When Hay discovered that the birth certificate had not been obtained, he fired Castellon.

Because of Hay’s “unlawful conduct,” Catellon says he suffered extreme and severe anguish, humiliation, nervousness, anger, tension, anxiety and emotional distress. Castellon also claims that he lost wages of $100,000 and that Hay acted in a “deliberate, cold, callous, malicious, oppressive ad intentional manner in order to injure” Castellon.

Castellon’s suit also calculates that between August 2007 and September 2008, Castellon worked at least 1066 overtime hours for which he was not compensated. He calculates the loss to be $41,000.

On the issue of meal breaks, the Industrial Welfare Commission Order No. 10 entitles employees such as Castellon 30 minute breaks for each work period that exceeds five hours. Castellon claims he was not provided with rest or meal periods he was entitled to. His suit is claiming that he’s entitled to one additional hour of pay for each work day a meal was not provided.

The suit also contends that Hay and Direct Models were in violation of Labor Code section 1174(d), that he failed to keep payroll records and or intentionally manipulated those records.

According to the suit, the pattern of “fraud” continued on a weekly basis and estimates that for every 10 hours worked, Castellon was paid for 7 ½ hours.

Castellon’s suit, for six causes of action, is calling for general damages according to proof, including overtime pay, deferred compensation and other employee benefits.

It also asks for compensatory damages according to proof. It asks for accounting of all wages due and owing as well as penalties. It asks that Hay and Direct Models be required to pay punitive damages, jointly and severally, in an amount to be proven at trial. It also asks for reasonable attorneys’ fees, interest and other relief.

Castellon is represented by David R. Schwarcz of Todd, Ferentz, Schwarcz & Rimberg of Los Angeles, California.

250 Views

Related Posts

More Conservative Organizations Distance Themselves From Anti-Porn Project 2025

WASHINGTON — A growing list of conservative groups which had formerly endorsed Project 2025 — which calls for the total criminalization of adult content production and distribution — have reportedly distanced themselves from the self-described "presidential transition" blueprint, following Donald…

Wendy Raine Signs With Nexxxt Level Talent

Jul 19, 2024 4:25 PM PDTLAS VEGAS — Wendy Raine has signed with Nexxxt Level Talent for representation. “This has been the best year of my career for so many reasons," said Raine. "It has been a year of discovery, passion, and…

Ophelia Kaan, Jill Taylor Star in Latest From DPDiva, PervCity

Jul 19, 2024 4:24 PM PDTLOS ANGELES — Ophelia Kaan and Jill Taylor debut in new scenes for DPDiva and PervCity, respectively. First, Kaan stars in “Hole-Splitting First DP For Slutty MILF Ophelia Kaan” features Kaan with Milan Ponjevic and Donny Sins.…

TeamSkeet Drops 5 New Scenes

MIAMI — TeamSkeet has released five new scenes this week across its network of sites.First, Mochi Mona stars in TeamSkeet Lab's “Concept: Petite Girl’s First Gangbang.”Next, Laura Bentley and her stepsister (Bunny Madison) plan to get pregnant together in “The Double Knock up Plan”…

Ella Reese Headlines New Bellesa Films Title ‘I Can’t Help It 4’

Popular starlet Ella Reese graces the cover and leads the cast of "I Can’t Help It 4," the newest installment of the anthology series from Bellesa Films.

Leave a Reply

Your email address will not be published.