Mattei v. Corporate Management Solutions, Inc.
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Members of IATSE, lighting technicians, filed suit against CMS for wage-and-hour violations under the California Labor Code incurred in the 2016 production of a television commercial for Ulta Beauty. The superior court granted CMS's motion for summary judgment on the ground that CMS was not an employer of the four IATSE members.
The Court of Appeal reversed and remanded, holding that CMS failed to demonstrate it is not an employer within the meaning of IWC Wage Order No. 12-2001. In this case, CMS has failed to establish the AICP-IATSE Commercial Production Agreement (CPA) permits a signatory to avoid its responsibilities as an employer when it lends its signatory status to a nonsignatory producer. Furthermore, a triable issue of fact exists as to CMS's right to control aspects of the production and its failure to ensure compliance with the CPA.
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