Emilio Garcia v. Roc Nation LLC
1:24-cv-07587
S.D.N.Y.Jul 2, 2025Background
- Emilio Garcia served as a full-time cameraman for Megan Thee Stallion (“Pete”) and her entourage, traveling extensively and working in both California and New York.
- Garcia alleges he was misclassified as an independent contractor, though he claims to have worked exclusively for Pete, under her direction, and on an inflexible schedule.
- He claims wage, hour, and labor violations, including denial of overtime, meal/rest breaks, and notice requirements, as well as discrimination, hostile work environment, and retaliation under California and New York law.
- Garcia describes specific incidents of humiliation and uncomfortable situations imposed by Pete, including compelled attendance at strip clubs and public shaming related to his sexual orientation and weight.
- The case was moved from California to the Southern District of New York. Defendants, including Pete and associated corporate entities (Roc Nation, HGT, MTSE), moved to dismiss on multiple grounds.
- The court reviews the sufficiency of Garcia’s amended complaint under Rule 12(b)(6).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Employment Status (Employee vs. Contractor) | Garcia is an employee due to control, schedule, and exclusivity | He was an independent contractor, per agreement | Garcia plausibly pleaded employee status |
| Hostile Work Environment (CA FEHA) | Pete’s actions created a hostile environment due to orientation | No sufficient facts; not targeted or severe/pervasive | Garcia failed to plead FEHA hostile environment |
| Wage & Hour Violations (CA/NY Law) | Denied overtime, breaks, inaccurate records | Claims lack specificity about time, place, and hours | Some claims (meal/rest breaks) survive; others dismissed |
| Discrimination Claims (NYSHRL/NYCHRL) | Hostile work environment and treated less well for orientation | No sufficient facts alleged; impact outside NY | Garcia plausibly pleaded NY discrimination claims |
| Retaliation (CA/NY Law) | Suffered retaliation after opposing illegal conduct | Retaliation did not occur, or occurred outside state | Garcia plausibly pleaded retaliation under both laws |
| Aiding/Abetting (NY Laws) | Corporate Defendants aided/abetted Pete’s actions | No knowledge or shared intent alleged | Claims against corporate defendants dismissed |
Key Cases Cited
- Ashcroft v. Iqbal, 556 U.S. 662 (defines plausibility pleading standard)
- Bell Atl. Corp. v. Twombly, 550 U.S. 544 (sets pleading standard for Rule 12(b)(6))
- Bynog v. Cipriani Grp., 1 N.Y.3d 193 (standard for employee status under NY law)
- Dynamex Operations W. v. Super. Ct., 4 Cal.5th 903 (California ABC test for independent contractor status)
- Sullivan v. Oracle Corp., 51 Cal.4th 1191 (CA overtime law applies to non-residents' work in CA)
- Lyle v. Warner Brothers TV Productions, 38 Cal. 4th 264 (hostile work environment under FEHA)
- Griffin v. Sirva, Inc., 29 N.Y.3d 174 (NY employer status for discrimination claims)
- Mihalik v. Credit Agricole Cheuvreux N.A., Inc., 715 F.3d 102 (NY discrimination, hostile work environment standard)
- DeJesus v. HF Mgmt. Servs., LLC, 726 F.3d 85 (pleading overtime claims under NY/FLSA)
- Hoffman v. Parade Publications, 15 N.Y.3d 285 (impact test for applying NY discrimination law to nonresidents)