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May 18, 2022

Maria C. Rodriguez

See more on Maria C. Rodriguez

Mcdermott Will & Emery

Rodriguez defends employers, particularly entertainment industry clients, employment lawsuits and class actions. She also counsels her clients on compliance with employment laws and directs training programs. Among her major clients are Circle K, Verizon, Paramount Pictures, Warner Bros, Discovery, HBO, MGM and Lion's Gate, she said.

Early in the pandemic, she and others at her firm formed interdisciplinary teams to advise clients on complying with the many new laws and regulations coming down from all levels of government. "I think most clients really did a great job under a lot of pressure," she said. "I think we did pretty well in getting it right."

Still, she was more than a little surprised when some entertainment clients were hit with class actions for not paying background actors for the time they spent sleeping.

The background actors, or extras, had been required to quarantine for five days, for which they were paid the same $300 day rate they receive when working. "And they're claiming they should be paid for sleeping, too," because they were locked in, Rodriguez said. "What are you going to be doing when you're sleeping?"

Some also claimed they should have received extra pay for time spent filing out employment paperwork or taking an online training while quarantined. Her response is: "You don't get to get paid twice for the same 30 minutes."

The cases are still in the pleading stage, and some plaintiffs have already amended their claims, she said.

Besides those matters, she and her team are dealing with claims seeking exemptions to vaccine or other restrictions, plus the usual employment litigation unrelated to the pandemic.

Over the last year, Rodriguez has been called on frequently to counsel her clients on improving diversity, equity and inclusion while staying within the law. For her film and TV clients, that has meant working with the unions. For non-entertainment clients, she is looking into programs with HBCUs.

"We're really working with clients to help build the pipeline deeper, all the way down to the college level," she said.

- Don DeBenedictis

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