Former KEYT employees file lawsuit
In a lawsuit filed last week in Santa Barbara County Superior Court, two former KEYT Channel 3 employees alleged the company committed a string of labor code violations, including failure to pay overtime.
The lawsuit seeks class action status, and attorneys for the two plaintiffs, Carolyn Ann Diacos and Darren Andrew Penquite, said the suit could impact as many as 60 current and former employees at the station.
The lawsuit details eight alleged violations, which range from failure to pay overtime wages and lack of meal periods and rest breaks, to a failure to provide accurate wage statements.
But a key element of the lawsuit accuses KEYT managers of directing employees to misrepresent hours worked in order to reduce overtime costs.
An example cited in the suit says employees were instructed to enter eight hours of work, and note a one-hour unpaid lunch break on their time sheets, regardless of whether they had taken a break.
And, according to Penquite, who was a newscast director at the station for nearly three years prior to quitting last May, if employees did note overtime on their time cards, they were threatened with their jobs.
“The bottom line is there was a lot of inappropriate behavior going on, not just in changing time cards but asking employees not to clock for hours on their timecards,” he said yesterday in a telephone interview.
The lawsuit, which was filed last Thursday by the law firm Anticouni & Associates LLP, says employees like Penquite and Diacos, a part-time producer at the station until earlier this month, were treated as though they were exempt from overtime pay, though they were technically classified as hourly employees, and were not participating in overtime-exempt work.
KEYT General Manager Mike Granados said by phone yesterday that the station’s attorneys were reviewing the suit. He declined to identify what law firm represented the station, which is owned by Smith Media, LLC.
“We believe there’s really no merit to the claims,” he said, noting that he had not yet reviewed the suit, but based his statement on the content of a newspaper story.
Along with failing to provide overtime compensation, the lawsuit outlines several other alleged violations, including: Failure to provide meal periods; failure to provide rest periods; failure to provide accurate itemized wage statements; failure to timely pay wages upon termination of employment; and failure to pay vested vacation wages.
The suit also alleges KEYT committed unfair business practices, a charge that apparently hinges on the length of time the violations occurred. According to the suit, the violations “were and are done repeatedly over a significant period of time and in a systematic manner.”
The 27-page suit goes on to call the alleged violations “immoral, unethical, oppressive, fraudulent and unscrupulous.”
Along with seeking a jury trial, the lawsuit estimates the amount of damages owed to each employee at less than $75,000, and pegs the total amount allegedly owed by the company at less than $5 million.
While some of the allegations, like falsifying timecards in order to buck overtime costs, would draw fire from nearly any employee, regardless of the line of work, lunch breaks and rest breaks in the media world often hinge on the ebb and flow of news.
An employee at another local television station, who asked to remain anonymous, said as much.
“[KEYT] is not the only station where those things happen,” the person said, noting that, “If things go wrong on a story, you may have to skip lunch to cover it.”
Yet, the source also said there’s a line between being an effective reporter, producer or director, and being asked to alter time cards and other documents to please management.
“Some of [the allegations] are clearly the result of cost cutting hitting the people on the bottom first,” the source said. “In the business you have to be more adaptable, but there is a limit to that adaptability.”
Penquite, who said he’s worked at various television and radio stations since he was 18, said he realizes lunch breaks are somewhat elastic in the news business. And for his part, Penquite said he’s more focused on overtime pay that he and other former and current employees deserve, but aren’t receiving.
“The bottom line,” he said, is “I just think that the behavior going on there needs to stop, period. I’m doing this in support of my friends and the people who I spent the last few years working with.”
Bruce N. Anticouni, one of two lawyers working the case, said it could be several months before a judge can determine if the suit deserves class action status.
Comment on this article
Whine Whine Whine : 11/10/2009
What a bunch of babies.... Instead of being grateful for a job these people want entitlements. How about welfare?
Tom
Who's whinning? : 11/10/2009
So how much of your time are you not worth?
Ed
managers couldn't be happier ... : 11/10/2009
... that people are just "happy to have a job". For the better part of a year now managers in many industries have been taking advantage of that sentiment. Wanting overtime pay is not a perk. It's a right. The point in the article about the news business having little opportunity for structured lunches is true. In fact, that's a regular (supposedly budgeted) reason for the overtime.
Matt
Google : 11/10/2009
Maybe KEYT did not google KEYT news director Jim Bunner before hiring http://www.ronfineman.com/050321.asp
Wow : 11/10/2009
It's sad to see employees being taken advantage of so much during a recession
Nielson Ratings : 11/10/2009
I heard KEYT was being investigated for cheating on the Nielson Ratings...anyone have more information?
overtime? : 11/10/2009
This happens at alot of Smith Media stations.
Al
No More Whistling Dixie : 11/10/2009
The days of whistling Dixie are over.
Wow : 11/10/2009
If the allegations are true, the no one is "whining" or are "babies"... thats a very ignorant thing to say... people have fought long and hard for the Federal Labor and Standards Act... so Big Business can't take advantage of their employees...that's just one of the ways the US is so great! we don't allow "sweat shops" or businesses to "exploit" their workers... AND KEYT should know better...
Derek
Please! : 11/10/2009
Stations are under the gun to reduce wage expense due to the reduction of advertising revenue. Stations are not only reducing staff by 20%, and finding that it can be done...but they are using part time employees with the smaller overhead of insurance etc. Before you cast a stone at management, you might want to visit your local television station, and see the amount of inactivity between newscasts. Work through lunch, and save your producers job...or get paid overtime 8-9 times a year and have 5 less bodies in your station. Before you get upset...check out the amount of free-cell being played on the news side of the station
DV
Every tv station : 11/10/2009
It is not just KEYT. Management in this industry believes, like that idiot on this board, that people working in the news should be happy to have a job. Even in large markets, employees are strongly "discouraged" from putting ot on a time card. In a top 20 market, I was told to never put ot on my card, but "we would work it out" through comp time etc. That never happened.
TLM
You know from the start : 11/10/2009
The fact of the matter is these employees and ALL employees KNOW this will be asked of them. They are suing for "easy money" and no other reason. There were no violations just a lot of stupidity!
Dodgerfan805
KEYT Lawsuit : 11/10/2009
After having worked at KEYT for numerous years it comes as no surprise that such a lawsuit has been filed. This station has been in clear violation of numerous labor laws, Cal OSHA laws, and general good business practice statutes for s long as I can recall. Although I personally won't waste my time pursuing monies owed to me by KEYT, I wholeheartedly support those who have and will choose to join the class action suit against KEYT. Its about time employees at this station say "no more" to the commonly used saying, "you'll be paid in sunshine". Taking advantage of young and eager newcomers to the television field is certainly nothing unique to KEYT and perhaps this lawsuit will send a message to similar stations that the threat of not excelling in the TV business can no longer be used to intimidate employees into just playing their dirty game.
Ex-KEY-Newser
In this economy : 11/10/2009
These people are just after easy money. Let's hope the judge throws this out. If you have a job these days you're one of the lucky ones.
Art
Why work : 11/10/2009
Why work in this economy if you are not getting paid what you are entitled to
"Easy money" : 11/10/2009
easy money? are you serious? don't start believing Big Business or KEYT are the victims because these "selfish employees" were just looking for "easy money"... first the legal system is set up against such things.. if they win the lawsuit the most they will get is the money already owed to them like the OT they were denied plus any "punative damages"...the punative damages by law cannot be more than 9 times the amount of what is owed.. case law places damages more like double what is owed. so an employee is owed $500 in OT... they may win $1000... 35% of that will go to their attorney... So "the fact of the matter" is the employees wont be getting rich off of this lawsuit... but maybe other employees wont have to go through this in the future...
Derek
no excuse...... : 11/10/2009
to those who have made posts claiming that "people should just be happy to have jobs", may I say you are idiots. being taken advantage of should never be justified.
idiot corrector
Get over it : 11/10/2009
Sounds like two cry babies. Get over it.
Something smells : 11/10/2009
I agree. Everytime I hear "lawsuit" I roll my eyes. Always be suspicious of the " accusers" and their personal agendas. Has Colby Frazier thought about that?
Robin
amazing.. : 11/10/2009
Robin, so all those women, or "accusers", in history who filed "lawsuits" so women could have the right to vote, or equal pay for equal work, etc... they make you roll your eyes?.... hmmmm, I guess they were just "cry babies" and needed to "get over it"...
Derek
ALOHA to Concious, KEYT : 11/11/2009
Concious, what ever happened to you, Just because you give somewhat of a paycheck doesn't give you the right to treat them like galley slaves. Respect, fairness honesty yields incredible results, but it seems like KEYT wants to emulate the road of the NEWS PRESS. Happy Trails to KEYT News Director, Maybe Travis needs some company!! ALOHA
Tom Storke's Ghost
Outsource : 11/11/2009
No wonder some many of our jobs have been outsourced. Whiners! They don't deserve a thing!
Lenny
Jackasses!!! : 11/11/2009
I am astounded at the lack of support for those who have called KEYT to task. As someone who used to work at this sweatshop, its high time that this station is forced to play by the rules. In this case, those who are seeking financial compensation for hours worked, lunches missed, and general abuse are justified. Clearly there will always be folks who demand unearned and undeserved money from past or current employers, but in this particular case those who are filing suit are justified and deserving of compensation.
truth seeker.
Give it a rest : 11/11/2009
I am astounded at the support for these losers. Stop whining!
Get over it
Editor's Note: : 11/11/2009
To clarify, the person quoted in this article and complaining did not work in the news department but under the production manager Dave Fetie.
Lets think this through : 11/12/2009
It’s funny how people are so quick to criticize the individuals standing up for themselves and what they are entitled to. Many talented and educated people are out of work in this rough economy but maybe they are out of work as a result of not standing up for what they have worked hard for and what they are entitled to. Though it is truly sad that many people are out of work right now, there is no excuse for businesses to take advantage of those who still have jobs using employee’s fear of unemployment against them. From what it sounds like, KEYT has been taking advantage of the poor job market and the desire of young, well educated people trying to gain experience and get their foot in the door in a competitive business. It takes serious guts to do what these individuals are doing. Though some might form a negative opinion of their motive, not one person seems to question the validity of their complaint. Our justice system is in place to determine the facts, the validity of the complaint and award compensation to those who deserve. Many agree that KEYT has had such issues as outlined in this story for many years. If allegations are determined to be valid, then KEYT has brought this lawsuit upon themselves. Let the justice system take its course before we jump to conclusions, take sides or form an opinion based on what little information we have been provided thus far.
Entitled to? : 11/13/2009
How about life, liberty and the pursuit of happiness? Not lawsuits! These people need to move on.
Michelle
Ever heard of justice? : 11/13/2009
How about justice? KEYT needs to learn Mark
KEYT LAWSUIT : 1/20/2010
The new owners of KEYT purchased it soley for an investment. They are trying to cut costs illegally and then sell the station for a profit. They have no interest in Santa Barbara or their own emplyees. Check them out, they have done it time and again at other stations. It is about time sombody stood up to them.
1guy
JOE GEHL FAN CLUB! : 1/21/2010
I think Joe Gehl is the sexiest mofo on the air!
Sorry....had to get that out......your regular scheduled program will now resume.
A Fan
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