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A former ESPN safety worker is suing the sports channel, alleging she was fired after raising concerns about COVID-19 protocol during the 2020 WNBA playoffs, and that she and other workers were never paid overtime, despite working up to 15 hours per day.
In a complaint filed in a Florida district court Tuesday, plaintiff Courtney Lemoine alleges ESPN violated the Florida Whistleblowers’ Act when the company fired her after she reported unsafe working conditions at the WNBA “bubble” while playoffs were taking place in September and October, during the pandemic.
Lemoine said she raised concerns about temperatures not being taken at the entrance of facilities, mask-wearing not being enforced, and inadequate PPE being supplied. She also said ESPN had her and other workers stay in a hotel that wasn’t following COVID-19 safety policies.
After she raised the concerns, Lemoine was fired, “ostensibly because she had gone to Starbucks get coffee with a co-worker.” The lawsuit states an Operations Producer was responsible for her being fired because she reported Lemoine going to Starbucks.
However, Lemoine said the workers were allowed to go to Starbucks, provided they wore masks, and even claims the Operations Producer asked her to get a coffee for her in weeks prior.
“In fact, on August 22, 2020 – just a few weeks before Ms. Lemoine’s abrupt discharge – Ms. Dovjak specifically asked Ms. Lemoine to get her a ‘grande latte hot’ from Starbucks, and Ms. Lemoine obliged,” the lawsuit states.
Under Florida law, firing an employee for an objection to a violation of a law or regulation is in violation of the Florida Whistleblower Statute, according to the class action.
ESPN Violated the Fair Labor Standards Act, Worker Alleges
Lemoine is also suing ESPN in a class action under the Fair Labor Standards Act (FLSA), stating the sports entertainment company only paid workers for eight-hour days when they “routinely” worked up to 15 hours per day. The class action also names ESPN’s payroll provider Broadleaf as a defendant.
Lemoine says, while working for ESPN, she was paid a day rate of $650, but was never paid overtime, even when she had almost worked a double-shift.
The lawsuit alleges ESPN breached the FLSA by paying employees and contractors day rates regardless of hours worked, because the law requires workers on day-rates be paid an extra half-time pay at the rate they are on when working more than 40 hours.
Lemoine states in the lawsuit that she and other day-rate personnel worked longer than eight hours in a day, “often working 13-15 hours per day depending on the assignment.”
Lemoine is seeking to represent three different groups who worked more than 40 hours per week and were paid a day rate in the last three years: those who worked in or around the WNBA “bubble”, those who were on Broadleaf’s payroll, or those who worked for ESPN.
The class action is demanding a jury by trial. The lawsuit seeks damages including unpaid back wages and liquidated damages for Class Members, and damages to Lemoine for lost wages, benefits, loss of her job, humiliation, pain and suffering.
Have you raised COVID-19 concerns in your workplace? How did your employer deal with it? Tell us about your experience in the comment section below!
The plaintiff is represented by Christopher L. Williams of Williams Litigation, L.L.C.
The ESPN Overtime and WNBA Whistleblower Class Action Lawsuit is Lemoine v. ESPN Productions, INC. and Broadleaf Results, INC., Case No. 8:21-cv-00302-WFJ-AEP in the U.S. District Court for the Middle District of Florida
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