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UNITED STATES DISTRICT COURT
SOUTH-CENTRAL DISTRICT OF FLORIDA
CASE NO:
20-CV-005876-EMS/BBK
NICHOLAS SPENCER,
Plaintiff,
v.
STUDIO CGB INTERIOR DESIGN, P.A.,
Defendant.
___________________________________________/
ORDER
Plaintiff, Nicholas Spencer, brings this action under the Fair Labor Standards Act
(“FLSA”), against Defendant, Studio CGB Interior Design, P.A. (“Studio CGB”). Spencer
contends that he is entitled to wage and overtime compensation for the time he spent “working”
for Studio CGB in the summer of 2020.
At issue here are two motions for final summary judgment. Plaintiff, Spencer, filed a
Motion for Final Summary Judgment on September 16, 2021, alleging that the duties and tasks
that he performed for the Defendant, Studio CGB, under its unpaid internship program constitute
employment. In the alternative, Spencer argues that even if he was not an employee for the
entirety of his internship, he was an employee of Studio CGB for those tasks and hours that went
beyond what could have reasonably been expected to be part of his internship. In contrast,
Defendant, Studio CGB, filed its Motion for Final Summary Judgment on September 21, 2021,
claiming that Studio CGB’s unpaid internship program is a learning opportunity and not
employment, that Spencer knew and agreed that the internship program was an unpaid learning
opportunity rather than employment, and that therefore Spencer is not entitled to compensation
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under the FLSA. Moreover, Studio CGB argues that even if Spencer was an employee under the
FLSA, he is not entitled to overtime compensation for the time he spent complying with the
company’s COVID-19 testing requirement.
The Court has reviewed the motions and accompanying exhibits; has heard argument of
counsel; and is fully informed. After considering all of the above, for the reasons set forth
below, Plaintiff’s motion is granted in part and denied in part; and accordingly, Defendant’s
motion is denied in part and granted in part.
FACTS
Nicholas Spencer is an interior designer who recently graduated from Coral Gardens Bay
University. In his final year of school, he accepted an offer for an unpaid internship with Studio
CGB Interior Design, an all-purpose design firm in the Coral Gardens Bay area.
Studio CGB has an unpaid internship program that is intended to provide students with
“hands on” designing experience. The twelve-week program provides interns an opportunity to
observe every aspect of Studio CGB’s business. Interns rotate through Studio CGB’s various
departments while working on a single design project. In addition, each intern is expected to
create a special “final project” which the intern presents to Studio CGB at the end of the summer.
Studio CGB also holds weekly “lunch and learn” programs for its interns.
Studio CGB takes COVID-19 safety seriously. Due to the difficulties associated with
running a design firm remotely, Studio CGB required its employees to return to in-person work
relatively early in the pandemic. To help prevent COVID-19 outbreaks and disruption of its
business, Studio CGB required all employees to get tested twice a week for COVID-19 at a
nearby testing center. On most days, the testing process moved quickly, but on other days the
time involved was onerous.
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Spencer started with Studio CGB in June of 2020. Studio CGB had recently been hired
by Coral Gardens Bay University, which needed to have its recreation center completed. The
University had hopes that the project could be finished before the start of the new academic year,
but the completion date for the project was set for mid-September 2020. Spencer, who had been
enamored with the construction of the building while attending Coral Gardens Bay University,
chose the recreation center as his design project. By happenstance, Studio CGB’s full team
client meeting on the University’s project was scheduled for the first week of June, and because
the recreation center was Spencer’s design project, he was asked to sit in. The University’s
project manager, Mr. Johansen, recognized Spencer from Coral Gardens Bay University and the
two spoke after the meeting. Spencer assured Mr. Johansen that he could reach out to Spencer if
he needed anything. The two men kept in contact regarding the project until the end of
Spencer’s tenure with Studio CGB.
For his special final project Spencer chose to design a kitchen with hopes that his mother
would incorporate his design into the family home. There was some confusion, however,
regarding the special final project. Spencer had agreed to design a nursery for his Studio CGB
mentor, yet he submitted a proposal for the kitchen to the junior intern supervisor. In the end,
Spencer agreed to move forward with both projects. In addition to the recreation center and the
two special final projects, as part of his internship Spencer was required to move through each of
Studio CGB’s departments, shadowing the head of the department, and perform any task asked
of him, including but not limited to answering the phone, running errands, and cleaning work
areas.
As the completion date for the Coral Gardens Bay University recreation center project
drew near, Studio CGB lost the benefit of two of its partners, who both went out on parental
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leave. Studio CGB’s general partner suggested that Spencer extend his internship until the
University’s project was completed, claiming that the extension would be worth Spencer’s time.
Spencer agreed to the extension but had to leave, for academic reasons, a week before the project
was completed. That fall, when Spencer began looking for post-graduation employment, he
asked Studio CGB about possible employment opportunities and was told there were none. Soon
after he found out that one of his fellow interns had been hired by Studio CGB. This lawsuit
followed.
Both parties now seek summary judgment. Spencer contends that, irrespective of his
title, he was an employee within the meaning of the FLSA and entitled to wages commensurate
with the Act, including overtime for the time that he had to wait to be tested for COVID-19.
Alternatively, Spencer argues that, at a minimum, he was an employee of Studio CGB for the
tasks he performed for Studio CGB that went beyond the parameters of his internship. Studio
CGB seeks a ruling that Spencer was an intern, not an employee, and therefore not entitled to
any compensation under the FLSA. Alternatively, Studio CGB argues that even if Spencer is
found to be an employee, he is not entitled to overtime compensation for the time spent
complying with the company’s COVID-19 testing procedures.
LEGAL STANDARD
Summary judgment is appropriate if, after discovery, “the pleadings, depositions, answers
to interrogatories, and admissions on file, together with the affidavits, show that there is no
genuine issue as to any material fact and that the moving party is entitled to a judgment as a
matter of law.” Celotex Corp. v. Catrett, 477 U.S. 317, 322, 106 S. Ct. 2548 (1986) (quoting
Fed. R. Civ. P. 56(c)). An issue of fact is genuine if the record, taken in its entirety, could lead a
rational trier of fact to find in the nonmoving party’s favor. Baby Buddies, Inc. v. Toys “R” Us,
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Inc., 611 F.3d 1308, 1314 (11th Cir. 2010). This Court, in ruling on a motion for summary
judgment, does not weigh the evidence and determine the truth of the matter asserted, but instead
determines whether there is a genuine issue for trial. See Anderson v. Liberty Lobby, Inc., 477
U.S. 242, 249, 106 S. Ct. 2505, 2511 (1986).
Although all reasonable inferences are drawn in favor of the nonmoving party, the nonmoving party “must do more than simply show that there is some metaphysical doubt as to the
material facts.” Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 585 (1986). If
the nonmoving party fails to make a sufficient showing on an essential element of her case, the
moving party is entitled to a summary judgment as a matter of law. Celotex Corp., 477 U.S. at
323.
DISCUSSION
The main issue in this case is whether Spencer was Studio CGB’s employee and therefore
entitled to minimum wages and overtime compensation under the FLSA. The FLSA defines
“employee” as “any individual who is employed by an employer.” 29 U.S.C. § 203(e)(1). It
further provides that “employ” means “to suffer or permit to work.” 29 U.S.C. § 203(g).
However, the FLSA was “not intended to stamp all persons as employees who without any
express or implied compensation agreement, might work for their own advantage on the
promises of another.” Walling v. Portland Terminal Co., 330 U.S. 148, 152 (1947).
Internships play a significant role in preparing students for their chosen career. However,
there is the potential for “some employers to maximize their benefits at the unfair expense and
abuse of student interns.” Schumann v. Collier Anesthesia, P.A., 803 F.3d 1199, 1211 (11th Cir.
2015). To that end, the Eleventh Circuit has adopted a set of non-exhaustive considerations to
determine the primary beneficiary of the intern/employer relationship. Id. at 1211-1212. The
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Court noted that the “proper resolution of a case may not necessarily be an all-or-nothing
determination[,]” and there could be a scenario where a portion of a student’s work efforts
constitute an internship and other student efforts go beyond the “bounds of what could fairly be
expected to be a part of the internship.” Id. at 1214-15. Here, however, it is clear the primary
beneficiary of Spencer and Studio CGB’s relationship was Studio CGB. Thus, Spencer was an
employee of Studio CGB and is entitled to minimum wages for his time. Because this Court
finds that Spencer was Studio CGB’s employee, this Court need not address Spencer’s
alternative argument that he was entitled to compensation for those tasks outside the bounds of
his internship.
However, the determination that Spencer was an employee does not resolve the issue of
whether he is entitled to overtime compensation for the time he spent getting tested for COVID19. Employers are exempt from paying overtime compensation for “activities which are
preliminary to or postliminary to the employee’s principal activity or activities.” 29 U.S.C. §
254(a). The term “principal activity or activities” encompasses all activities that are an “integral
and indispensable part of the principal activities.” IBP, Inc. v. Alvarez, 546 U.S. 21, 29-30
(2005). Because the COVID-19 tests were not an integral and indispensable part of Spencer’s
employment, the time he spent waiting for the administration and results of the tests constitutes a
non-compensable preliminary activity. See, e.g., Integrity Staffing Sols., Inc. v. Busk, 574 U.S.
27, 33 (2014). Thus, Spencer is not entitled to overtime compensation. Moreover, even if the
time was compensable, it was de minimis at best, and therefore not recoverable.
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CONCLUSION
Accordingly, it is ORDERED that:
1. Plaintiff Nicholas Spencer’s Motion for Summary Judgment is GRANTED in part,
because this Court determines, as a matter of law, that Spencer was Studio CGB’s
employee under the Fair Labor Standards Act, and DENIED in part because this
Court finds that Spencer is not entitled to overtime compensation for the time spent
undergoing COVID-19 testing before entering the workplace.
2. Defendant Studio CGB’s Motion for Summary Judgment is DENIED in part because
this Court finds that Spencer was Studio CGB’s employee, and GRANTED in part,
because this Court determines, as a matter of law, that Spencer is not entitled to
overtime compensation for the time spent undergoing COVID-19 testing before
entering the workplace.
3. The Clerk shall enter judgment, accordingly, terminate as moot all pending motions.
DONE AND ORDERED at Coral Gardens Bay, Florida, this 12th day of January, 2022.
______________________________
Evelyn M. Stulman
United States District Judge
Copies to:
Riley Jameston, Counsel for Nicholas Spencer
Connor Johns, Counsel for Studio CGB Interior Design, P.A.
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UNITED STATES DISTRICT COURT
SOUTH-CENTRAL DISTRICT OF FLORIDA
NICHOLAS SPENCER,
Plaintiff,
CASE NO: 20-CV-005876-EMS/BBK
v.
STUDIO CGB INTERIOR DESIGN, P.A.,
Defendant.
---------------------------------------------------------------DEPOSITION OF NICHOLAS SPENCER
Taken on behalf of Defendant
DATE TAKEN:
TIME:
Place:
July 27, 2021
9:00 a.m. – 12:30 p.m.
Coral Gardens Bay Center
1500 Washington Avenue, Suite 114
Coral Gardens Bay, FL 32325
Annabel Richards
COURT REPORTER
1700 Madison Avenue, Suite 150
Coral Gardens Bay, FL 32324
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BLUE REPORTING
1-800-867-5402
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1
Appearances of Counsel:
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Samuels, Jameston & Ericson, LLP
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191 Lakeside Road
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(306) 555-3701
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On behalf of the Defendant: Studio CGB Interior
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On behalf of the Plaintiff: Nicholas Spencer
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Riley Jameston, Esq.
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Coral Gardens Bay, FL 32321
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Design
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Connor Johns, Esq.
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Coral Gardens Bay, FL 32322
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Matthews Johns, P.A.
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1530 Delgado Avenue
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(306) 901-0001
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Index to Witness
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Examination by Mr. Johns
pg. 3
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Cross-examination by
pg. 40
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Redirect Examination by Mr. Johns
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Ms. Jameston
pg. 48
EXHIBITS
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Number
1
Studio CGB Interior Design brochure
pg. 5
30
2.
Studio CGB offer letter
pg. 18
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Description
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DEPOSITION
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Whereupon, Nicholas Spencer
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Was called as a witness having been first duly sworn to speak the
truth and nothing but the truth, was examined, and testified as
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follows.
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By Mr. Johns:
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DIRECT EXAMINATION
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Q.
Good morning, Mr. Spencer.
A.
Good morning.
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Q.
My name is Mr. Johns. I represent the Defendant, Studio CGB
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Q.
Would you please state your full name?
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A.
Nicholas Spencer.
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Q.
Is this your first time having your deposition taken?
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A.
Yes.
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Q.
I will ask you questions, and the court reporter will take
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Interior Design.
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down your answers. I need you to answer each question loud
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shake your head for a yes or no answer because that will not
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questions, please let me know and I will rephrase. Do you
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and clear, and make sure to articulate your answers. Do not
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be reflected on the record. If you do not understand any
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have any questions?
A.
No.
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Q.
We are here today because you filed an action under the Fair
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A.
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Q.
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A.
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25
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Labor Standards Act, is that correct?
Yes. I want to get compensated for the work I did last
summer for the Studio.
Before we get into that, let’s start with some background
information. How old are you Nicholas?
I am 23 years old.
My birthday is April 2, 1998.
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Q.
Are you currently employed?
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A.
Yes, I work for Bay Society Design Studios.
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Q.
How long have you worked there?
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A.
It has been about six months.
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Q.
So, you are a recent graduate?
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A.
Yes. I graduated in December 2020.
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Q.
What kind of work are you doing?
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A.
I work as an interior design project manager.
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Q.
Where did you graduate from college?
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A.
I graduated from CGBU in December 2020 with a Bachelors in
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Q.
That is an interesting combination.
A.
I was majoring in architecture, but I took a few interior
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Bay Society
Design Studios is a boutique firm in Coral Gardens Bay.
Art Design, and a minor in architecture.
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design classes and decided to switch majors. I had enough
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longer to get the Bachelor's in Art Design but the two
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credits in architecture for the minor. It took me a little
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degrees seem to complement each other.
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Q.
Congratulations.
A.
Thank you.
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Q.
We are here today because you filed a lawsuit against my
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A.
Yes, I did.
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Q.
What is your relationship with Studio CGB Interior Design?
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A.
I worked for the Studio last summer.
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Q.
You worked or you interned?
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A.
I would say work, even though the Studio called it an
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client, Studio CGB Interior Design, correct?
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internship. The Studio had me doing much more work than an
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after the internship was scheduled to finish.
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internship, and I continued to work for the Studio even
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Q.
When did you start your internship?
A.
I started on June 1, 2020; I believe. I had applied the
summer before, but it was an extremely competitive program,
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and they only accept a few interns each summer.
Q.
How did you hear about this internship?
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A.
I picked up a brochure at the job placement fair on CGBU
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Mr. Johns: At this time, I would like to show you what has been
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campus.
pre-marked as Exhibit 1.
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Q.
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A.
It looks like it.
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Q.
Does this brochure accurately portray the internship program
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A.
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Q.
What made you interested in the Studio?
A.
It is a full-service interior design firm. The brochure
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Mr. Spencer, is this an accurate copy of the brochure you
picked up at the placement fair?
at the Studio?
Yes. It explains the internship program, and the
opportunities offered.
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explained how the interns rotate through different
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different departments and trying out the different services
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could get credit for the internship.
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departments. I liked the thought of working in a few
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to see which I liked best. I also saw on the brochure that I
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Q.
How did you get the internship?
A.
Well initially, I sent my resume and a cover letter to the
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Studio, but I didn’t hear anything back. I really wanted
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the brochure and the website, it looked like they were doing
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experience before graduation, and I needed to get some hours
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this position. The Studio has a good reputation, and from
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some pretty versatile projects. I wanted some hands-on
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to complete my practicum/working experience requirements for
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my degree.
Q.
So, what happened?
A.
I spoke to one of my professors and she advised me to
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contact a recent graduate of CGBU, who the Studio had just
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about the Studio. He told me he started as an intern and
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come from the summer intern program. He helped set up an
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hired. I called the graduate, Mr. Flores, and talked to him
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loved it there. He said a few of the more recent hires have
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interview with the General Partner.
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Q.
How was the interview process?
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A.
It turned out to be a pretty grueling interview process.
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Q.
What do you mean?
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A.
I had three interviews. I met all the partners and several
employees. I had to submit a portfolio and complete a
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background test. It was a formal process.
Q.
When were your interviews?
A.
My first interview was in January 2020, then I had the
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second one a couple days later, and the third one was about
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beginning of February.
a week later. Anyhow, then I received my offer at the
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Q.
I believe I have a copy of an offer letter produced in
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discovery. I would like to go over some of the details of
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then we will come back to the offer.
the offer. However, I have a few other questions first, and
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Q.
How long was the internship?
A.
Well, it was more than an internship, but anyhow, it was
supposed to be for 12 weeks and then I got roped into
staying almost another month after my official end date.
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Before we get into the nitty gritty of how long you worked
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there, I would like to hear a little more about what you did
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were you taking classes too?
as an intern. Were you solely interning at the Studio, or
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A.
I was taking one class at CGBU but it was online
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asynchronous, with a lab, so I only had to go to campus once
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completed my lab work by Friday at 9 p.m., I could go to the
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a week. My lab schedule was pretty flexible. As long as I
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lab any time I wanted.
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Q.
So, what did you do at the Studio?
A.
I did a little bit of everything. I rotated through the
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Studio’s different departments: design trends, fabrics,
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department. In each of the departments I took notes, I sent
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creative and a few more. I shadowed the directors of each
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emails to clients or vendors.
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Q.
What kind of emails?
A.
Whatever needed to be sent. Sometimes I just sent out
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flyers about things like upcoming sample shows that
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Sometimes, I was a go between from the client to one of
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were already listed on the website and blog.
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the designers, or vice versa. That kind of thing.
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Occasionally, I answered questions on my own.
Q.
Did you do different things in each department?
A.
Yes. As I got a little more experience, I did some mockup
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designs in the design trends department. I also picked up
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Paint Depot. When I rotated through the creative department,
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swatches for the director to review.
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fabrics from local venues. I picked up paint swatches from
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I put together boards with different fabrics and paint
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Q.
Did the different department heads assign you
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responsibilities?
A.
We knew from intern orientation about the day-to-day
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expectations of us. Things like answering the phones if they
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supposed to try and help out if we saw something we could
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stress for the department heads where I could. Even from the
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interviews. A lot of the other interns did not do as much,
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are ringing, and shadowing the associates.
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do.
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beginning, I did things like help prepare for client
get myself as involved as I could.
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Q.
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A.
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The Studio was really busy, so I tried to alleviate
but I caught on pretty quickly and took the initiative to
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We were also
How did the department heads respond to you taking on this
responsibility?
I think they were pretty appreciative. They complimented
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me, and I saw that sometimes they took my boards into client
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used my boards, but my ideas were still there.
meetings. They usually changed a couple things before they
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Q.
What else did you do?
A.
Well as time went on, I also researched companies to help
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identify new clients and to get background information for
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checked on shipments. I even put together mock budgets for
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client interviews. I ordered inventory for the client and
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projects.
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Q.
Tell me about a typical day at the Studio.
A.
I would arrive at the office around 7:00 a.m. on the days I
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was scheduled to test for COVID. I had to walk to the other
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office anywhere around 7:15 a.m. - 8:00 a.m. I often had
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did not need to test, I arrived at the office a little
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building for testing, and I usually arrived back at the
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breakfast at the office before I started my work. On days I
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before 8:00 a.m. I would get coffee for my department chair
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department chair and he/she would assign me my duties for
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clients. My responsibilities varied each day.
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and myself, and then check my emails and then meet with the
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the day. I would either work on files or we would go visit
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Q.
What do you mean work on files?
A.
I would put things in chronological order in the files.
Sometimes, I followed up on the clients’ orders. I went on
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site visits. I checked on the progress of the work at
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clients’ houses and properties. I also helped stage
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furniture.
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Q.
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A.
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Did you have additional intern responsibilities besides what
you did in the different departments?
Yes, all the interns had to pick a main project to work on
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for the summer. The project I initially picked was a large
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picked up a few smaller projects as the summer went along.
project that I worked on for the entire summer. I also
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Q.
When did you pick this main project?
A.
We were encouraged to pick the special project our first
week, but we were required to submit our initial proposal no
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later than the third week.
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Q.
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A.
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How many departments does the Studio have? And were you in
each department for a set period of time?
If I remember correctly there were 6 departments. Lighting,
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fabrics and furniture, design trends, creative projects,
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set up so each intern would each spend two weeks in each
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drafting, and of course client relations. The internship was
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department.
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Q.
So, did you receive training in each department?
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That was the idea, but sometimes it felt like I was getting
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thrown to the fire and I had to learn how to do the job
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a couple group trainings for the interns, but my project was
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and be resourceful and teach myself, or apply what I had
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more helpful than others.
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myself. We did have an intern orientation the first week and
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huge, and everyone was so busy that I just had to step up
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learned in my college courses. Some of the directors were
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Q.
Who did you meet at the orientation?
A.
Mr. Constantine was in charge of the interns, so he led the
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orientation. He also introduced Mr. Flores, who was the
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interns. And they introduced us to our mentors.
junior project designer and the point person for the
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Q.
Who was your mentor?
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A.
Melissa Constantine.
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Q.
Did you have any other intern training?
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A.
The interns had a weekly lunch, and we were supposed to have
18
weekly meetings with the mentor we were assigned but my
20
so I felt like I had to fend for myself.
mentor was put on bed rest after my first few weeks working,
19
21
Q.
23
A.
22
You said you were working on a large project? What was that
project?
Right before I started, the Studio took over a project for
24
CGBU that has been mismanaged by the prior contractor. It
26
project before the actual designing part of the job started.
28
start from scratch, the interior design for CGBU’s new state
25
was such a mess that the previous designer balked on the
27
The Studio was brought in to complete, well actually almost
29
of the art, recreation center on campus.
30
Q.
What made you pick this project?
10
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I picked this as my first project because I had seen the
2
building while it was being constructed when I was on
4
that was an upscale campus recreation center with a gym, a
6
different project for each department I rotated through, but
8
whole summer. I didn’t realize there was such a tight
10
and the prior design firm had really dropped the ball.
3
campus. It is a beautiful building. It was a new concept
5
spa, and a juice bar. Initially, I thought I would get a
7
the partners kept me on this recreation/spa project the
9
timeframe, but it had to be ready for the new school year
11
12
Q.
What did you do on this large project?
A.
I worked on this project as I rotated through all the
13
different departments. It became my little baby. I studied
15
on aesthetics. I ordered the light fixtures for the spa area
17
for the sitting areas. I answered a lot of emails for the
19
numbers in quick books. I basically kept the file up to
14
the drawings and computer pictures of the rooms and worked
16
and outside lighting. I reviewed fabric and paint swatches
18
client. I also updated the orders and billing. I put the
20
date. I did this from day one on my rec center project.
21
22
Q.
Were these job duties listed in your offer letter?
A.
Not exactly, I recall talking about some of these duties
during my job interview. But I did much more than any of the
23
24
25
26
other interns.
Q.
What do you mean?
A.
Ms. Constantine usually updated the project files but while
27
she was on bedrest some things came in that had tight
29
to update, but sometimes I would just do it for her. Ms.
28
turnaround times. Usually, we would send those items to her
30
Constantine was very appreciative.
11
She told me I did not
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need to do the filing and updates on the other files, and
1
2
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#64-1
just to send it to her. I didn’t mind helping her out.
3
Q.
How long did you work on this recreation center project?
4
A.
The entire summer.
5
Q.
Did you finish the project?
6
A.
I actually had to stay past the end date of my internship
8
Q.
When was the project projected to finish?
A.
I need to look at my notes for this. The offer letter said I
7
9
because the project was not done.
10
would be done with all projects by August 21, 2020. But this
12
know it was scheduled to finish shortly after my end date.
11
project wasn’t even with the Studio when I got my offer. I
13
Oh, I remember September 18 - that’s my Dad’s birthday.
14
Q.
Did you work that whole time?
15
A.
No. I worked until September 10.
16
Q.
Why did you stop working on this date?
17
A.
I had one class left that I needed to take to graduate. I
18
missed the in-person classes the first few weeks and had to
20
stickler for us attending in person. He said research showed
22
was only allowed to miss a few classes in person, and I
24
at the Studio, and I was finding the work/school balance
19
watch the recordings at night, but the Professor was a
21
students learn better when attending classes in person. I
23
couldn’t miss anymore. I was working at least 40-hour weeks
25
very hard.
26
Q.
28
A.
27
29
30
Did you finish all your projects by that date? I believe you
said you picked up a few projects as the summer went along.
Well kinda. I had to design a room as a special project and
present the design to the team at the end of the summer. And
then I also had to design the nursery for the Constantine
12
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1
partners’ baby. But my main project was the upscale
3
at the beginning of the internship and when they finished
5
were waiting on fabric or paint samples, the department they
7
the Studio were in different stages. Most of the other
9
throughout the summer.
2
recreation center. All the interns received one main project
4
that project, or if the project was put on hold because they
6
were in would assign them a new project. All the projects at
8
interns ended up working on multiple small projects
But my project was so large I kept
10
it all summer. But unfortunately, that did not stop the
12
projects – similar to what the other interns were working
11
other department chairs from also assigning me small
13
on.
14
Q.
16
A.
15
You sound a little disappointed to work on such a highprofile project?
No, not disappointed. It was a good opportunity. It is just
17
my passion was doing domestic interior design, and I was
19
that into practice. It was a lot of work and kept me from
21
projects. I hoped to get a balance of both domestic and
23
though.
18
looking forward to learning more about that area and putting
20
working on some of the more intricate details of the smaller
22
commercial design. I did enjoy working with Mr. Johansen
24
25
Q.
Who is Mr. Johansen?
A.
He is the client, well technically the liaison for the
26
client CGBU. He was the facilities manager at CGBU. CGBU
28
to.
hired the Studio and Mr. Johansen is who the Studio reported
27
29
Q.
When did you first meet Mr. Johansen?
13
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The first week of my internship. The Studio called a meeting
2
with all the department heads to discuss the new project,
4
to show him the Studio’s vision and answer any preliminary
6
sat in the background. Mr. Johansen approached me after the
8
used to work out at the old gym quite a bit and his office
10
into each other a few times at the gym. We both liked this
12
in the corner, so we would laugh at who got to the gym first
14
minutes after the meeting.
3
and to introduce everyone to Mr. Johansen. The meeting was
5
questions he had. Obviously, I was only an intern, so I just
7
meeting and said he thought he recognized me from campus. I
9
was on the first floor, and he liked to work out. We had run
11
one treadmill in the gym because it had the best TV and was
13
and was able to get that machine. We talked for a few
15
Q.
17
A.
16
Did you get to know the client Mr. Johansen better
throughout the summer?
Yes, I did. I told Mr. Johansen at the meeting if he ever
18
needed help, he could reach out to me. I didn’t think he
20
at the Studio, in the lighting department, I ended up
19
ever would. However, when I was working on my first rotation
21
speaking to him about a question he had.
22
23
Q.
Why did you speak to him?
A.
He called the Client Relations department partner, Ms.
24
Constantine, with a question about the light fixtures for
26
emailed the lighting department head, Ms. Cherubi with the
28
her department during the first two weeks. Ms. Cherubi was
25
the spa area outside the gym in the recreation center. She
27
question, and cc’ed me because I was the intern assigned to
29
swamped so she asked me to handle the matter.
14
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3
A.
2
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Is this normal for an intern to have contact with the client
so early in the internship?
I don’t know. It probably should have gone through the
4
Client Relations Department but Ms. Cherubi did not feel
6
so she just asked me to respond.
like we needed a middleman to answer such a simple question,
5
7
8
Q.
Did you continue to get questions from the client?
A.
Well Mr. Johansen continued to cc me on his emails to the
9
various departments. He had some questions regarding what
11
at the recreation center, and he wanted to make sure the
13
on in the project. I think he emailed me because sometimes
15
the various department heads, and it was easier for me to
17
question and respond to him. We developed a good rapport. He
19
interference. Once she went on bedrest, she suggested to Mr.
21
ensure his calls get immediate attention.
10
type of sofas we were using for the lounge outside the spa
12
juice bar was designed in a modern style. He was very hands
14
he did not get immediate responses from Ms. Constantine or
16
ask whichever department head I was working with the
18
called a lot and Ms. Constantine asked me to run
20
Johansen that he call me directly for his convenience to
22
Q.
When did Ms. Constantine go on emergency bed rest?
23
A.
I believe it was at the end of my third week.
24
Q.
How often did you talk to Mr. Johansen?
25
A.
Well at first, he emailed once every couple days. But as the
project heated up, I spoke to him several times a day. I
26
27
28
29
30
even gave him my cell-phone number.
Q.
What were your hours during the internship?
A.
Officially, my hours were 8 a.m. to 5 p.m. with an hour for
lunch, but some days I had to stay a little later to
15
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1
complete some work. The days we had lunch and learns, we
3
days, I brought my lunch. The deadline to complete various
5
file every day.
7
nursery so sometimes I worked longer than 5 p.m.
2
came in at 9 a.m. Sometimes we went out to lunch but most
4
stages of the project were pretty tight. I had to update my
6
project, and then I had to complete the design for the
I also had to work on my presentation
Q.
But you would arrive to work at 8 a.m. each day?
9
A.
Well, we also had to test for COVID twice a week, so on
11
Q.
What time did you get to work those days?
A.
I would get there around 7 a.m., sometimes earlier. There
8
10
12
those days, I had to get to work extra early.
13
was a COVID testing center in the building across the
15
parking lot. Sometimes there was a pretty long line.
street. I took the bus to work and then I walked across the
14
16
17
Q.
How long did it take you to get tested?
A.
Most of the time, I was out of there in 10-15 minutes, but a
18
every now and then it took closer to an hour. There was
20
went, but I am not sure everyone followed the schedule
19
supposed to be a schedule of days employees and interns
21
correctly. Then I had to wait for the results.
22
23
Q.
You had to wait for the results?
A.
Yes, the Studio was very strict. The Studio found it hard to
24
get the work done properly when everyone went remote because
26
an outbreak at the office. The Studio was worried people in
28
couple of the employees, including Ms. Constantine, were
25
of the pandemic, but it also wanted to ensure there was not
27
the Studio would have to quarantine and/or get sick. Plus, a
29
pregnant so the Studio was extra cautious. Also, many of the
16
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Q.
5
A.
Well, I had to take the COVID test. Like I said sometimes
the line was long and sometimes I got though in 10 minutes.
A few times it took me 45 minutes, and I was almost late.
8
Q.
10
A.
9
Did you have to get to the Studio at 7:00 a.m., or did you
just choose to?
6
7
Page: 17
designers and interns showed proof of a negative COVID test.
3
4
Filed: 9/16/2021
clients would not let us into their spaces unless the
1
2
Doc
#64-1
So, you just testified that some nights you had to work
later, how late?
No longer than 5:30 p.m. because I had to take the bus home
11
and I had the option of either taking the 5:10 p.m., 5:45
13
bus, at the latest.
p.m., or 9:00 p.m. bus. I always tried to make the 5:45 p.m.
12
14
Q.
You are claiming you are entitled to receive overtime,
15
correct? How can you be entitled to overtime, if you were an
17
have been paid overtime?
intern? How many hours a week are you alleging you should
16
18
By Ms. Jameston:
Objection calls for a legal conclusion, and
19
compound questions. Let the witness answer the question one
21
your ability.
at a time. You may answer the first question to the best of
20
22
A.
week. Plus, I had to go to the required COVID testing before
23
24
I was not just an intern. The number of hours changed every
work, and stay late multiple times a week.
25
Q.
Did you have to stay late every week?
26
A.
No. When we had to stay late, we usually came in later.
27
Q.
What other responsibilities did you have?
28
A.
I worked on the personal nursery for the Constantines. And
29
30
that nursery was definitely not an intern job. Plus, they
even had me doing basic janitorial work. Sometimes, I had to
17
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1
sweep the floor or wipe down the tables before I left the
3
kitchen area and conference room because there was a client
2
department for the day. One day, I even had to clean the
4
coming in for a meeting, and it was a mess.
5
Q.
Doesn’t the Studio have janitorial staff to clean?
6
A.
Yes. But they come in after 5 p.m.
7
Q.
So, this cleaning the kitchen was a one-time favor?
8
A.
I cleaned up more than once.
9
Q.
You don’t think people should clean up after they make a
10
11
A.
12
13
Ms. Jameston:
mess.
Yes, but that was not my mess.
14
Mr. Johns:
16
A.
18
Q.
20
as exhibit 2.
15
17
Objection calls for a legal conclusion
Objection noted. You can answer
Not these extra responsibilities. I didn’t really feel like
I had a choice.
Let’s take a look at your job offer letter now.
19
At this time, I would like to show you what has been pre-marked
21
Q.
23
A.
Yes.
24
Q.
Is this your signature at the bottom of the letter where it
26
A.
Yes.
27
Q.
Are these your initials at the beginning of each
29
A.
Yes.
Q.
So, you received this offer in February 2020?
22
25
28
30
Is this an accurate copy of the offer letter the Studio gave
you?
says accepted by?
paragraph?
18
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A.
Yes. I was so excited.
2
Q.
What was your understanding after reading this offer letter
4
A.
1
3
as to your responsibilities as an intern?
That I would rotate through each of the different
5
departments, and I would work on one main project and take
7
that project, I might be assigned other projects in the
9
my own design to the partners.
6
it through all the different departments, and if I finished
8
different departments. Also, that I would create and present
10
Q.
12
A.
14
Q.
16
A.
18
Q.
Tell me about your projects.
A.
You mean the intern special project?
20
Q.
You can start with that one, and then I also want to hear
11
13
15
17
19
not automatically entitled to a job at the Studio, correct?
23
about any other projects, including the nursery you
mentioned.
A.
the summer.
28
A.
30
For the special intern project, as I mentioned, each intern
had to design a room to present to the Studio at the end of
Q.
29
I was aware that I would not be paid for intern work. But
what they had me doing was way more than intern work.
26
27
You were also aware that you would not be paid for the work
you did there?
24
25
Yes. You cannot be automatically entitled to any job,
obviously.
21
22
You were aware from reading this offer letter that you were
How many interns were working at the Studio during the
summer?
There were five of us. Initially, there were supposed to be
six, but one intern didn’t want to come in person to the
Studio, and the Studio did not offer a remote option.
19
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Q.
So, what was your special project?
A.
I decided to design a coastal kitchen because I knew my mom
3
had been dreaming of adding that to our house. I had to
5
pretend I was taking the project through each department at
4
design the project from scratch, and include drafts, and
6
the Studio. I had to put together a proposal.
7
8
Q.
What did the proposal consist of?
A.
I had to do a mock design with accurate measurements. I also
had to pull together paint swatches and include what
9
10
appliances/furniture I envisioned for the space. I made a
12
a timeframe for the shipping. I put together a three-
14
client. I also had to do a mock interview with the client. I
16
client, so we could show how to build a relationship with
11
list of the costs of the furniture and appliances and set up
13
dimensional computer presentation to show the potential
15
paired with one of the other interns and he acted as the
17
the client.
18
Q.
Were these responsibilities part of the job description for
19
your internship?
21
By: Ms. Jameston: Objection- calls for a legal conclusion
23
Mr. Johns: Nicholas, you may answer the question to the best
20
22
that this witness is not qualified to answer.
24
of your knowledge.
25
26
A.
Yes, I was told I had to do a special project during my
27
interview. It ended up pretty cool. Mr. Johansen saw my
29
he liked it so much he asked us to adapt part of it for the
28
project mock-up one time when he met me at the Studio, and
30
juice bar at the recreation center.
20
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1
Q.
3
A.
5
Q.
What do you mean?
A.
Well, I was working in the Client Relations department
2
4
6
That is a nice recognition. You also said you worked on a
nursery, is that correct? Was this another special project?
Not exactly. I would call it more of a personal project for
a partner.
7
during my second rotation, and I reported to Ms.
9
visit to a new boutique that was opening up, and we stopped
11
Constantine’s friends. I remember because I ended up missing
13
until later than normal. I had to take the 5:45 p.m. bus.
15
who is pregnant, told me she needed someone to design her
17
project. She said she was having a hard time finding someone
Constantine. At the beginning of the week, we went on a site
8
10
at a baby store next door to pick up a gift for one of Ms.
12
the 5:10 p.m. bus because we didn’t get back to the Studio
14
Anyhow, while we were at the baby store, Ms. Constantine,
16
baby’s nursery.
18
to work on it and might need to outsource it.
19
20
She said I should do it as my special
Q.
What did you say?
A.
I thought she was joking so I just laughed and said yeah -
21
sounds like a plan. I had already picked my personal project
23
kidding. I didn’t think much of it. A few days later, her
25
our office. I was rotating through Ms. Constantine’s
27
asked how my special project was coming along. I told him it
29
great appliances.
22
the week I started. I assumed she knew that and was just
24
husband, who is a General Partner at the Studio, stopped by
26
department, and my cubicle was right outside her office. He
28
was still in the beginning stages, but I had found some
30
Q.
What did he say?
21
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1
A.
3
Q.
How did you respond?
A.
I asked him what special project he was referring to? That
2
4
He said we don’t need appliances in the nursery. I was a
little dumbfounded.
5
is when he told me, “our nursery.” I told him I thought his
7
already working on a coastal kitchen as my special project.
wife was joking about me designing a nursery, and that I was
6
8
9
Q.
What was his response?
A.
He told me that not only was his wife not joking but she had
10
told the rest of the partners about how excited she was to
12
nursery.
have such a talented young intern working on their baby’s
11
13
14
Q.
So, what did you do?
A.
I told him I had already submitted the first draft of my
coastal kitchen proposal to the junior intern supervisor,
15
16
17
Mr. Flores.
Q.
intern supervisor? Didn’t he know what projects all the
18
19
20
According to the offer letter, wasn’t Mr. Constantine the
interns were working on?
A.
He is listed as the intern supervisor, but Mr. Flores was
21
the point person that all the interns reported to. That is
23
week.
who I submitted my proposal for my special project the first
22
24
Q.
26
A.
25
Ok, so back to what Mr. Constantine said to you. How did he
respond about the kitchen?
He told me not to worry that I could do both projects, and
27
the nursery was more of an informal project, and I did not
29
wait to see my ideas.
need to submit a proposal on the nursery, but he could not
28
30
Q.
Was this one of the projects listed in the offer letter?
22
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No, I don’t think anything was mentioned about personal
2
projects. I was already doing a pretty substantial project
4
personal projects for the partners.
with the kitchen. None of the other interns were asked to do
3
5
Q.
7
A.
6
possible that one of them was working on a special project?
At the weekly lunches, the interns discussed our projects in
general terms and no one else mentioned doing a special
8
9
Do you know what other interns were working on? Is it
project.
Q.
Did you meet with the interns every week?
11
A.
There were lunch and learn meetings once a week, but I had
13
Q.
Why did you work through some?
A.
I used my lunch time sometimes to work on the nursery
10
12
14
to work through a few, so I did not attend them all.
15
project. Then when Ms. Constantine went on bed rest, I
17
as well.
sometimes used the time to update the client files for her
16
18
Q.
20
A.
22
Q.
What kind of sacrifices did you make?
A.
Well, for example, I wanted to visit a custom tile place to
19
21
23
Were you able to complete the kitchen and the nursery
projects over the summer?
Yes, but I had to make some sacrifices of my other job
responsibilities to get both of these special projects done.
24
get samples for the modern juice bar, but I had to use that
26
traditional styles for the samples for the nursery. The tile
28
even less hours now because of the pandemic.
25
time instead to visit places with more contemporary and
27
companies are only open limited hours during the week and
29
30
Q.
What did you do about the tiles for the juice bar?
A.
I just had to order something more generic.
23
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1
Q.
3
A.
5
Q.
Did the tiling get done?
6
A.
Yes. Just not the way I would have done it if I had not had
8
Q.
Are there any other sacrifices you had to make?
A.
Yes, I would like to have spent more time on my initial
2
4
7
9
Did your department head tell you to order the generic tiles
or you just decided to order those instead.
She told me she trusted me to make some of the decisions so
the job would get done timely.
all this other work.
10
drafts of the workspace for the gym in the rec center so I
12
aesthetically, but I had to divide my time with the drafts
14
to find time to work on the nursery.
11
could visualize how I would set up the equipment
13
for the gym, the kitchen and then on top of that work I had
15
Q.
But did you complete all the projects?
16
A.
Yes.
17
Q.
Did you receive practicum credit for your special project?
18
A.
Yes, I received six credit hours of work experience.
pretty sure I can use that towards getting my interior
19
20
I am
design license.
21
Q.
Did you get academic credit for the internship?
22
A.
No.
23
Q.
When did your internship end?
24
A.
It was supposed to end August 21, 2020. But I actually
26
Q.
Why did you extend the internship?
A.
I didn’t extend the internship. It definitely was not an
25
27
continued to work until September 10, 2020.
28
internship at that point. The rec center was not complete at
30
Constantine had been on bed rest and was only able to do
29
the time my internship was scheduled to end.
24
Ms.
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1
limited work from home, and then she went into labor about 7
3
Constantine knew I was up to date on the project, and that I
5
until the project was complete. I was taking a lighter load
7
longer. I fully expected to be compensated for my time
2
weeks early, so she was completely out of commission. Mr.
4
had a good rapport with the client, so he asked me to stay
6
my last semester of school, so I agreed to stay on a little
8
though.
9
Q.
Were you advised that you would be paid?
10
A.
Not in so many words.
11
Q.
What exactly did Mr. Constantine advise you?
12
A.
That I was an asset to the Studio, and the client was happy
13
with my work, and it would be worth my time to finish the
15
new talent there. He said finishing this project would go a
17
Coral Gardens Bay knows that a positive recommendation from
19
anything that might jeopardize that.
14
project. He told me they were always looking to hire bright
16
long way with the other partners.
18
the Studio carries a lot of weight so I didn’t want to do
Everybody in design in
Q.
Did you ask about getting paid?
21
A.
That’s kind of hard to ask when you’re hoping to get hired.
23
Q.
20
22
I didn’t want to seem like a pain in the neck.
responsibilities during the extended internship would be any
24
25
Did the partner give you any indication that your
different than your initial internship responsibilities?
26
A.
My responsibilities were obviously different.
Q.
What do you mean? How were your responsibilities different?
28
A.
I had to turn my attention to finishing the nursery because
27
29
30
Ms. Constantine had the baby, and they needed the nursery
complete. I didn’t have anyone in Client Relations to run
25
R. 32
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3
4
Page: 26
or refer him to the correct department.
Q.
Weren’t you doing that already?
A.
Yes, but before I worked in tandem with Ms. Constantine.
It
was a lot more hectic on my own. Plus, I was still doing my
5
6
Filed: 9/16/2021
Mr. Johansen’s questions by, so I had to make more decisions
1
2
Doc
#64-1
other work.
7
Q.
Did you refer the emails and calls to the department heads?
8
A.
Yes. But I had other responsibilities too.
9
Q.
Did any of the other partners step in to help you?
10
A.
Not really. There was one problem that arose that I didn’t
11
know how to fix, and Mr. Constantine handled it, but
13
person.
everything else I coordinated with the department point
12
14
Q.
16
A.
15
Did you stay working at the Studio until the rec center was
complete?
Almost. I stopped the week before because my class schedule
17
started to interfere with my working hours. But I did go to
19
Facility. It is a stunning project.
the grand opening of the State of the Arts Recreational
18
20
21
Q.
Were any of your ideas implemented?
A.
Yes, the client loved my design for the juice bar, and
22
implemented it with only a few tweaks from the partner. It
24
feedback on the vibes of the new center. I also found some
23
turned out really trendy. I have heard a lot of positive
25
really cool art for the seating area.
Q.
Did you enjoy your time working at the Studio?
27
A.
Yes. I was hoping to get a position there as a project
29
Q.
26
28
manager. This is every young designer’s dream job.
Did you get a position?
26
R. 33
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1
A.
3
Q.
5
A.
2
4
Doc
#64-1
Filed: 9/16/2021
Page: 27
No, I was told there were none available. I found out later
someone from my intern class was hired during the Fall.
You were never offered a job or promised a job as part of
your internship, correct.
That is correct, but everyone knows if you do a decent job,
6
it makes you super marketable, and the company will find a
8
interview had been a summer intern and he was hired. I think
7
place for you. The person that helped me get my job
9
I went above and beyond what was required of me.
10
Q.
job?
11
12
13
So, did you file this lawsuit because you were not offered a
Ms. Jameston: Objection – badgering the witness.
14
Mr. Johns: I will rephrase the questions.
16
Mr. Johns:
Q.
Why did you file this lawsuit?
18
A.
I wanted to be compensated for all the work I did. I worked
15
17
19
more than any of the interns and the work I did was
21
work. I stepped in when Ms. Constantine went on bedrest.
23
probably would have had to pay an outside source to do. I
25
an additional three weeks after even the original internship
27
believe I should be paid as an employee, and paid overtime
20
different than the other interns. I even did janitorial
22
Plus, I designed the Constantines’ baby’s nursery which they
24
worked more hours than the internship required, and I stayed
26
was scheduled to end. I was treated like an employee. I
28
for the extra hours I worked.
29
30
Q.
But you volunteered to do the work for Ms. Constantine,
didn’t you?
27
R. 34
20-CV-5876-EMS-BBK
Doc
#64-1
Filed: 9/16/2021
Page: 28
1
A.
3
Remainder of direct examination redacted for purposes of academic
2
4
No, I stepped up when there was a need and I expected to be
compensated for it.
assignment.]
28
R. 35
20-CV-5876-EMS-BBK
1
2
CROSS-EXAMINATION
By Ms. Jameston:
4
Doc
#64-1
Filed: 9/16/2021
Page: 40
3
Q.
Good morning, Nicholas.
A.
Good morning.
5
Q.
I wanted to ask you a few follow up questions. Mr. Johns
6
asked you about your responsibilities at the Studio, is
8
that you did not think was part of your internship roles,
7
there anything additional that the partners asked you to do
9
like did you run any errands for the partners during work
hours?
10
11
12
By Mr. Johns: Objection, Leading the witness.
13
Ms. Jameston: I will rephrase.
15
Q.
17
A.
19
Q.
What do you mean?
A.
Well not only did I do intern work like the mockups and
14
16
18
20
Did you have any other responsibilities that we have not
fully discussed yet?
I was required to do some work that I did not think was part
of the intern responsibilities.
21
prepare the creative boards, but I had to clean up the work
23
drafting tables, put away all the fabric swatches, and throw
25
outside to the dumpster.
22
areas.
24
out the left-over fabric, and sometimes take the garbage
26
27
Q.
Didn’t they have janitorial staff to do that work?
A.
You would think so, but I don’t know if it was because of
COVID and the janitorial staff was coming in less
28
29
30
They asked me to sweep the floors, spray down the
frequently, but they had me do it.
Q.
Was this in just one department?
40
R. 36
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1
A.
Filed: 9/16/2021
Page: 41
No, I had to do this cleanup work in the fabrics and paint
department, and in the design trends and creative
2
3
Doc
#64-1
departments.
4
Q.
6
A.
Definitely not.
Q.
Was there anything else that you had to do?
8
A.
Yes, I forgot to mention that some of the department heads
10
Q.
What type of errands?
A.
Ms. Constantine had me mail out some gifts, pick up her dry-
5
7
9
11
Was this part of your job responsibilities discussed in your
interview or listed in your offer letter?
had me run a few personal errands.
12
cleaning and I even picked up lunch for her some days while
14
pregnancy and so she would send me to do these errands for
13
she was on bedrest. She wasn’t feeling 100% with her
15
her.
16
17
Q.
How often did you do that?
A.
I picked up her dry-cleaning twice and I would pick up lunch
18
or a Starbucks every few days. One time, the first week I
20
asked me to take her to her obstetrician appointment.
started working with her, her car was in the shop, so she
19
21
22
Q.
I thought you took the bus to work?
A.
I normally took the bus to work because parking was so
23
expensive at the Studio parking garage, but when Ms.
25
had to drive to work that day.
Constantine asked me to take her to her OB appointment, I
24
26
27
28
29
Q.
Did you drive to work any other days?
A.
Well, once Ms. Constantine went on bedrest, I had to drive
to work every day because otherwise I wouldn’t have a way to
drop off the samples at the client’s workplaces. Ms.
41
R. 37
20-CV-5876-EMS-BBK
3
4
Filed: 9/16/2021
Page: 42
Constantine said the Studio would reimburse me for parking
1
2
Doc
#64-1
once I started driving every day.
Q.
Did you do any other errands for her?
A.
Yes. A few times, I would sometimes drop off the mockups or
5
swatches at her house. Her husband would also stop by her
7
take anything home for her. My cubicle was right outside
9
client called early in the day, I would drop the items at
6
office every night before he left to see if he needed to
8
her office since she was my assigned mentor.
10
But if the
her house.
11
Q.
What about other partners? Did you do any errands for them?
A.
I would pick up Starbucks sometimes for other partners, too.
13
Q.
Were you compensated for working before 8 a.m. or after 5
15
A.
No, I was not compensated for working any hours.
16
Q.
Were you compensated for the three additional weeks you
18
A.
No.
19
Q.
Did any other interns stay past the end of the internship?
20
A.
Not that I know of.
21
Q.
Were you offered a position at the Studio after your
23
A.
No, and I was surprised. I felt I proved myself.
24
Q.
Were any of the other interns offered a position at the
26
A.
12
14
17
22
25
27
28
29
30
p.m.?
stayed after your internship officially ended?
internship finished?
Studio?
No, not initially, but later when I was applying for jobs in
the Fall, I found out that the Studio hired one of the
interns from my class.
[Remainder of cross-examination redacted for purposes of academic
assignment]
42
R. 38
20-CV-5876-EMS-BBK
1
REDIRECT EXAMINATION
3
Q.
2
Filed: 9/16/2021
Page: 48
By Mr. Johns:
At any point during your interview process with the Studio
did anyone tell you that you were entitled to a job at the
4
5
Doc
#64-1
end of your internship?
A.
Not explicitly.
7
Q.
At any point during your internship, did anyone tell you
9
A.
6
8
that you would receive a job offer after your internship?
No, but I was told to keep working hard. That my hard work
10
would pay off. That the clients loved me and how much the
12
were that I would be offered a job.
11
partners appreciated me staying on.
All the indications
13
14
Thank you, Mr. Spencer. I have no further questions.
15
16
Court reporter: Do you want to read or waive the right to read
17
the deposition?
19
Ms. Jameston: My client would like to read the deposition.
18
48
R. 39
20-CV-005876-EMS/BBK
Doc #
64-1A
Filed: 09/16/2021
Page: 1 of 2
READY TO JOIN OUR
TEAM?
WHAT WE OFFER:
01
12 weeks of pure experience for your
benefit!
02
Rotation through our six departments!
03
Mentorship, supervision, and
guidance!
04
Create your own project!
Studio CGB Interior Design,
P.A.
2735 Decorator Way
Coral Gardens Bay, Florida
306-113-0871
www.studiocgbdesign.dsn
scgbidpa@design.dsn
R. 40
20-CV-005876-EMS-BBK
Doc #
64-1A
Filed: 09/16/2021
Page: 2 of 2
-As a Studio CGB Intern, you will work on
cutting-edge projects in each
department, in our state-of-the-art design
studio.
-We are always working on exciting new
projects!
-Studio CGB’s internships make the
difference!
-Join our Lunch-and-Learns with our
experienced team members.
-Visit www.studiocgbdesign.dsn to learn
more about the Internship Experience at
Studio CGB Interior Design, PA.
TRANSFORM SPACES AND
TRANSFORM YOUR LIFE!
“What we don’t provide in dollars, we provide in
experience.” – Stefan Constantine, General Partner
Did you know?
74% of employers
prefer job
candidates with
relevant work
experience
Interns learn best
through hands-on
experience
Studio CGB
employs 6 former
interns
Put into practice
what you’ve
learned in the
classroom
R. 41
20-CV-005876-EMS/BBK
Doc #
64-1B
STUDIO CGB
Filed: 09/16/2021
Page: 1 of 2
|Interior Design, P.A.
February 3, 2020
Nicholas Spencer
College Park Way, Apt. 527
Coral Gardens Bay, FL 32322
Re:
Internship Offer
Summer 2020
Dear Mr. Spencer:
Congratulations! We are pleased to offer you an internship with Studio CGB Interior Design,
P.A. To accept this internship opportunity, please read and initial each paragraph below and sign
your name at the end of this letter.
___ Internship Term. Your twelve-week internship will begin on June 1, 2020 and will
conclude on August 21, 2020.
___Purpose of Internship. The internship is an educational experience that Studio CGB Interior
Design, P.A. offers for the express benefits of the interns. Studio CGB Interior Design, P.A.
derives no immediate advantage from the activities of its interns. Rather, Studio CGB Interior
Design, P.A. expects its interns to gain valuable insight and experience in the interior design
industry through exposure and immersion into Studio CGB Interior Design, P.A.’s business. The
purpose of the internship is to give students “real world” experience. The Studio CGB Interior
Design, P.A. internship program includes rotation through six departments. Each intern works
on approximately one main project at a time, viewing it from the perspectives of each of the
different departments as he or she rotates through. By the end of the summer, each intern is also
expected to create his or her own special design project and present it to the partners.
___Compensation and Future Employment. Interns are not entitled to wages, compensation,
or benefits for the time they spend as interns at Studio CGB Interior Design, P.A. Interns should
neither expect, nor are they in any way guaranteed, future employment with Studio CGB Interior
Design, P.A.
2735 Decorator Way| Coral Gardens Bay| Florida 32325
R. 42
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Doc #
64-1B
Filed: 09/16/2021
Page: 2 of 2
| Nicholas Spencer Internship Offer Letter p. 2
___Confidentiality. In its regular course of business, Studio CGB Interior Design, P.A. has
access to clients’ confidential information. During the course of the internship, interns likely
will have access to clients’ confidential information. Interns must comply with Studio CGB
Interior Design, P.A.’s confidentiality policy, which is necessary to protect Studio CGB Interior
Design, P.A.’s clients and reputation. Studio CGB Interior Design, P.A. reserves the right to
immediately terminate the internship of any intern who violates the Company’s confidentiality
policy.
___Supervision. All interns are closely supervised by Stefan Constantine. Mr. Constantine will
meet regularly with interns to discuss learning goals and assignments. Outside of these regular
meetings, interns should feel free to approach Mr. Constantine informally, particularly when they
have questions or require additional guidance. Interns may receive additional supervision and
guidance through the department head or their primary mentors.
___Schedule. Interns are expected to maintain the following schedule: 8:00 a.m. to 5:00 p.m.
Monday through Friday, with an hour lunch break.
___Comportment. Interns must comply with all Studio CGB Interior Design, P.A.’s policies
and procedures. Additionally, interns must be courteous and honest at all times. Interns must
maintain proper grooming habits. Interns should demonstrate a spirit of cooperation, selfmotivation, and resourcefulness at all times.
Welcome aboard! We are delighted to invite you to join Studio CGB Interior Design, P.A. for an
exceptional experience like no other.
Sincerely,
_____________
Stefan Constantine
General Partner
Studio CGB Interior Design, P.A.
Accepted by
_____________
Nicholas Spencer
2735 Decorator Way | Coral Gardens Bay| Florida 32325
R. 43
20-CV-005876-EMS/BBK
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3
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5
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15
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Doc # 64-2
Filed: 9/16/2021
Page 1 of 42
UNITED STATES DISTRICT COURT
SOUTH-CENTRAL DISTRICT OF FLORIDA
CASE NO: 20-CV-005876-EMS/BBK
NICHOLAS SPENCER,
Plaintiff,
vs.
STUDIO CGB INTERIOR DESIGN, P.A.,
Defendant.
---------------------------------------------------------------DEPOSITION OF STEFAN CONSTANTINE
Taken before Mary Hunter, Notary Public in and for the State of
Florida at Large, pursuant to Notice of Taking Deposition filed
in the above cause. Taken on behalf of Plaintiff Nicholas
Spencer.
DATE TAKEN:
TIME:
Place:
August 3, 2021
10:00 a.m. – 2:23 p.m.
DE FACTO DEPOSITION SERVICES
36 Primrose Place
Coral Gardens Bay, FL 32322
1-800-867-5402
COURT REPORTER: MARY HUNTER
39
40
41
42
43
1
R. 44
20-CV-005876-EMS/BBK
1
Riley Jameston, Esq.
Samuels, Jameston & Ericson, LLP
191 Lakeside Road
Coral Gardens Bay, FL 32321
(306) 555-3701
4
5
6
7
8
9
10
11
12
On behalf of Defendant Studio CGB Interior Design,
P.A.:
Connor Johns, Esq.
Matthews Johns, P.A.
1530 Delgado Avenue
Coral Gardens Bay, FL 32322
(306) 901-0001
13
14
15
16
17
18
Index to Witness:
21
22
23
24
25
26
27
28
29
30
31
Page 2 of 42
On behalf of Plaintiff Nicholas Spencer:
3
20
Filed: 9/16/2021
Appearances of Counsel:
2
19
Doc # 64-2
Examination by Ms. Jameston pg. 3
Cross-examination by Mr. Johns pg. 35
Redirect examination by Ms. Jameston pg. 42
EXHIBITS
Ex. 1.
pg. 12
32
33
34
35
36
37
38
2
R. 45
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Doc # 64-2
Filed: 9/16/2021
Page 3 of 42
DEPOSITION
1
2
Whereupon, Stefan Constantine was called as a witness, having
3
4
been first duly sworn to speak the truth and nothing but the
truth, was examined, and testified as follows.
5
6
DIRECT EXAMINATION
8
7
BY MS. JAMESTON:
Q.
Good morning, Mr. Constantine.
9
A.
Good morning.
10
Q.
We are here for your deposition this morning.
12
You have been sworn in already.
14
My name is
11
Riley Jameston, and I represent the Plaintiff, Nicholas Spencer.
13
name for the record?
A.
Stefan Gregory Constantine.
15
Q.
Have you ever been deposed before?
16
A.
No.
18
[Series of preliminary, non-substantive questions and answers
17
Will you please state your full
19
omitted for purposes of LSV appellate simulation.]
21
Q.
Are you employed, Mr. Constantine?
22
A.
Yes.
23
P.A.
24
Q.
What is Studio CGB Interior Design, P.A.?
25
A.
It’s a design studio, like the name implies.
26
is a one-stop-shop for our clients.
27
design, we can handle it.
28
project portfolio reflects that.
29
specific, and I think that separates us from our competition.
30
For example, our portfolio includes residential projects,
31
restaurants, hotels, commercial spaces, and entertainment
20
I’m a General Partner at Studio CGB Interior Design,
The Studio
If it relates to interior
We are a versatile studio and our
Our services are not industry
3
R. 46
20-CV-005876-EMS/BBK
1
venues.
3
concepts to our clients.
Doc # 64-2
Filed: 9/16/2021
Page 4 of 42
Because of this breadth, we are well-positioned to
2
identify trends and offer cutting edge services and design
4
Q.
Where is the Studio located?
5
A.
That would be beautiful Coral Gardens Bay, Florida.
6
are on Decorator Way.
7
Q.
Is that the Studio’s only office?
8
A.
Yes.
9
Q.
Are you the only partner at Studio CGB?
10
A.
No, there are currently six partners, me, my wife Melissa,
12
Q.
14
We
11
and four others.
13
Melissa Urban Constantine?
A.
Yes.
15
Q.
What are your responsibilities at the Studio?
16
A.
A little bit of everything, really.
17
into six specialized departments: lighting, fabric and
18
furniture, design trends, creative projects, drafting, and
19
client relations.
20
internally working well together so that the client experience
21
is seamless.
22
department, I oversee much of the day-to-day business of the
23
Studio.
24
Q.
How many people does the Studio employ?
25
A.
We have 74 employees.
26
Q.
We are here today because my client, Nicholas Spencer,
27
filed a lawsuit against the Studio, correct?
28
A.
Yes.
29
Q.
What is your relationship with Mr. Spencer?
30
A.
Nicholas was an intern at the Studio during the summer of
31
When you refer to your wife Melissa, can I assume you mean
The Studio is divided
I ensure that all those departments are
Because I do not fall into any one particular
I also manage our intern program.
2020.
4
R. 47
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Doc # 64-2
Filed: 9/16/2021
Page 5 of 42
1
Q.
Can you tell me about the Studio’s intern program?
2
A.
Absolutely.
3
charge of it.
4
a 12-week unpaid program.
5
and we are highly selective.
6
what we don’t provide in dollars, we provide in experience.
7
Actually, I think that’s on the brochure.
8
Q.
What do Studio interns do?
9
A.
During their internship?
10
Q.
Yes. What are their responsibilities?
11
A.
It varies by day.
12
valuable.
13
departments, spending two weeks in each one. They are exposed to
14
our entire operation and can learn about every aspect of our
15
business.
16
the needs of the department, but the interns see it as
17
substantive.
18
clients.
19
partner prepare for a client meeting to running fabric swatches
20
to a client.
21
expect our interns to pay attention and learn from the team. Of
22
course, in addition to their work in each department, the
23
interns must participate in the formal aspects of the intern
24
program.
25
Q.
Do interns have any other responsibilities?
26
A.
As I mentioned, their tasks and responsibilities vary
27
based on their department and project.
28
ever performed by an intern.
29
Q.
30
assigned to interns?
31
A.
It’s phenomenal.
As I mentioned, I am in
Each summer we accept six students to join us for
The application program is rigorous,
As I have said to many interns,
That’s what makes this internship so
Our interns rotate through each of our six
The tasks performed during each rotation depend on
They get to shadow our designers and interact with
The tasks they are assigned can range from helping a
Our designers are the best in the business.
What about cleaning up work areas?
Cleaning?
No.
We
I can’t list every task
Is that a task
We have janitorial staff for that.
5
R. 48
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Doc # 64-2
Filed: 9/16/2021
1
Q.
3
A.
5
floor, or wiping down drafting tables.
7
Page 6 of 42
Is it your testimony that interns are never responsible
2
for cleaning up work areas?
4
demos, things like that.
6
like to keep a clean workspace.
Q.
Are interns responsible for taking out garbage?
8
A.
No.
9
Q.
Have you ever seen an intern remove garbage from the
11
A.
13
the garbage out to the dumpster.
15
department heads?
Well, sometimes interns would tidy up after mockups or
Easy things, quickly sweeping the
Nothing laborious.
We
10
Studio?
12
like to keep a clean workspace.
14
Q.
16
A.
No, of course not.
17
Q.
At the time of the Studio’s summer internship program in
18
2020, were you aware of any interns running personal errands for
19
department heads?
20
A.
What do you mean by personal errands?
21
Q.
For example, in the summer of 2020 did any intern pick up
22
dry cleaning for a department head?
23
A.
24
Department heads are busy, and often interns are already out
25
dropping off fabric, or whatever else.
26
pick up dry cleaning, or grab lunch for the office. That’s not a
27
responsibility.
28
Q.
30
aspects of the program?
29
Yes.
Sometimes trash bins get full.
As I mentioned, we
Occasionally an intern will run
Not a big deal.
Are interns responsible for running personal errands for
Yes, but running errands was not a responsibility.
It’s a courtesy.
It’s easy for them to
A favor.
A moment ago, you mentioned that interns participate in
formal aspects of the intern program.
What are the formal
6
R. 49
20-CV-005876-EMS/BBK
Doc # 64-2
Filed: 9/16/2021
Well, the program kicks off with orientation.
Page 7 of 42
1
A.
At
3
expectations.
5
stuck behind a workstation; they have the opportunity to travel
7
expectations that come with those privileges.
9
a mentor.
2
orientation we introduce the interns to the Studio and set
4
a well-respected internship for a reason.
6
to job sites and interact with clients.
8
first and foremost.
I run the orientation with Eric Flores.
This is
Our interns are not
There are certain
Professionalism,
Along those lines, each intern is assigned
The mentor provides continuity throughout the
10
internship and makes sure each intern has the support he or she
12
orientation. Whatever it takes.
14
head gives a presentation about his or her department and talks
16
the summer.
18
like that.
20
in writing?
22
begin the internship.
11
needs to succeed.
13
it.
15
about the types of tasks the interns might be assigned during
17
here.
19
Q.
21
A.
23
Q.
Who signs the letter on behalf of the Studio?
24
A.
I do.
25
Q.
How long does the intern program run?
26
A.
As I said, it happens during the summer.
27
12 weeks long, but that varies.
28
a bit early, or stay on a bit later.
29
weeks.
30
Q.
31
I also emphasize client satisfaction during
That kind of thing.
If a phone is ringing, answer
After I give my spiel, each department
We also get into the nuts and bolts of working
Building access, company policies, COVID-testing.
Things
Are the Studio expectations for interns set out anywhere
Yes.
I see.
Every intern signs a letter agreement before they
It’s required.
It’s generally
Sometimes an intern will start
But the general aim is 12
Aside from orientation, does the Studio hold any
other intern events?
7
R. 50
20-CV-005876-EMS/BBK
Sure.
Doc # 64-2
Filed: 9/16/2021
Page 8 of 42
1
A.
We put on group trainings and hold weekly lunch-
3
important part of the intern program.
5
7
and then presenting the room to the Studio partners at the end
9
through all of our departments: lighting, fabrics and furniture,
2
and-learns for the interns.
The lunch-and-learns are an
4
dovetails with the intern’s final project.
Q.
What do you mean by final project?
6
A.
Each intern is responsible for designing an entire room
8
of the summer.
The learning piece
By that time, the interns will have rotated
10
design trends, creative projects, drafting, and client
12
they learned and walk away with a final project they can add to
14
Q.
16
A.
18
with an intern project, and so we’ve used the intern’s project
20
22
departments.
24
an intern will have the opportunity to work on one big project
26
projects as they rotate through each department, the intern will
28
summer.
30
11
relations.
13
their portfolio.
15
actual client?
17
have been a few instances where a client’s request coincides
19
as a starting point for those projects.
Q.
Do the interns work on any other projects?
21
A.
Sure.
23
projects as they move through the departments.
25
throughout the summer.
27
work on different aspects of the same project throughout the
29
Q.
What do you mean by common?
A.
We typically only have one or two of those big projects at
31
We want the interns to synthesize everything that
Has the Studio ever used an intern’s final project for an
Not as a matter of practice, but yeah, a few times.
There
As I mentioned, they rotate through each of our six
Generally, the intern will work on different
But sometimes,
In that case, instead of getting new
Those type of big projects are not as common.
a time, so only one or two of our six interns per summer work on
8
R. 51
20-CV-005876-EMS/BBK
Doc # 64-2
Filed: 9/16/2021
Page 9 of 42
1
big projects.
Any intern assigned to a big project is lucky.
3
It’s a great learning experience.
5
university?
7
credit for our internship that can be applied towards their
9
Q.
Who applies for internships at the Studio?
10
A.
College students, mostly.
11
Q.
Do you consider your internship program a recruiting tool?
12
BY MR. JOHNS:
14
BY MS. JAMESTON:
16
interns after they finish their internship?
18
don’t see our internship program as a “trial period” for
20
not promise a job offer at the internship’s end.
22
that.
2
They get to see how all the pieces fit together in context.
4
Q.
6
A.
8
interior design license requirements.
13
Is the Studio’s intern program affiliated with a
Oh, no.
But our interns routinely receive practicum
Objection. Relevancy.
15
Q.
Let me ask that another way.
Do you ever hire your
17
A.
19
employment.
21
Q.
23
A.
25
Ocean Eleven building across the street has a testing center in
27
management company to allow our employees access to the building
29
rapid test twice per week, and a PCR test once per week.
31
collected at the same time as the rapid test sample; we tried to
Not as a matter of course, but it has happened.
But we
Securing a summer internship is just that.
You previously mentioned COVID testing.
We do
Tell me about
In my opinion, COVID testing has been critical to keeping
24
our office open.
We rely on rapid tests and PCR tests.
The
26
its lower lobby.
28
for testing.
30
tests are administered at Ocean Eleven and the PCR sample can be
The Studio arranged with the Ocean Eleven
We require all employees and interns to get a
Both
9
R. 52
20-CV-005876-EMS/BBK
Doc # 64-2
Filed: 9/16/2021
Page 10 of 42
1
make testing as easy as possible. The process is straight
3
work, get tested, and when cleared, come to work.
5
head home.
7
Studio safe.
9
2
forward.
Our employees go to Ocean Eleven in the morning before
4
our employee tests positive, they must notify me immediately and
6
tested positive for COVID.
8
family members at home.
Some of our employees are pregnant or
have pregnant partners.
It just makes sense.
Of course, if
We do not permit anyone into the office if they have
We want to keep everyone at the
Some of our employees have immunocompromised
10
Q.
How long does the COVID test take?
11
A.
Well, it’s a rapid test, so 15 minutes.
12
few days, but that gets sent out to a lab.
13
Q.
But that doesn’t include wait times, does it?
14
A.
I’m not aware of any complaints about ‘wait times.’
15
fact, we stagger the days our employees get tested to mitigate
16
wait times.
17
Sure, sometimes there are a few people in front of you, but
18
that’s life.
19
over at Ocean Eleven are excellent.
20
And we do not compromise on our COVID protocols.
21
important to our staff and our clients.
22
Q.
Do you get tested twice per week?
23
A.
Absolutely. I don’t get special treatment.
24
have a baby at home.
25
Q.
Have you ever had to wait in line to get tested?
26
A.
Occasionally, yes.
27
Q.
How long have you had to wait before taking your test?
28
A.
Usually, I am in and out.
30
get tested, or there is a delay because the testers are short-
The PCR takes a
In
I created a schedule to help everyone stay on task.
29
or 15 minutes.
31
staffed.
It’s just a few minutes.
No big deal.
The folks
They keep things moving.
It is too
Besides, I
I want to be careful.
But sometimes the line takes 10
Maybe several Ocean Eleven tenants are trying to
I’ve learned to be patient.
10
R. 53
20-CV-005876-EMS/BBK
Doc # 64-2
Filed: 9/16/2021
Page 11 of 42
1
Q.
What is the longest you have waited before taking your
3
A.
5
fire alarm at Ocean Eleven had gone off that morning, so they
7
it to keep everyone safe.
9
Studio employees or interns wait in line each day?
2
test?
4
45 minutes.
6
were pretty backed up.
8
Q.
10
A.
Not that I am aware of.
11
Q.
Do you know of any records that would show the wait times?
12
A.
No, I really don’t have any idea.
13
Q.
Are your employees paid for the time spent getting the
14
COVID test?
15
A.
16
deal.
17
Q.
18
account for the time spent testing?
19
A.
20
stuck at the testing center and arrive a few minutes late.
21
let that slide.
22
Q.
What hours do the Studio’s interns work?
23
A.
They generally work 8a.m. to 5p.m., with time for lunch.
24
When they arrive at the office, they need to be ready to go.
25
The COVID test wasn’t a surprise to any of them.
26
program started, we advised all of our interns about our COIVD
27
protocols.
28
opportunity to bow out.
29
Q.
Do interns follow a strict 8-to-5 schedule?
30
A.
Not necessarily.
31
Um.
I think there was one time when I had to wait about
That was a pretty unusual situation.
I think the
It was a minor inconvenience, but worth
Does the Studio, or Ocean Eleven, keep a log of how long
No.
It only takes a few minutes.
It’s really not a big
Does the Studio adjust the intern’s working hours to
No.
But that being said, occasionally an intern will get
We
Before our
If any intern was unwilling to comply, they had an
There is some wiggle room.
the interns leave a little before 5 on Fridays.
Sometimes
On days where
11
R. 54
20-CV-005876-EMS/BBK
Doc # 64-2
Filed: 9/16/2021
Page 12 of 42
1
the Studio holds a lunch-and-learn the interns come in at 9.
3
time. It doesn’t happen often, but if a late client request
5
Q.
7
do this?
9
and advising them to contact me directly if they had any
2
And, if their project requires extra time, they put in extra
4
comes in, the team stays late.
6
COVID protocols before the program started.
8
A.
That’s just how it is.
You testified that the Studio advised the interns of its
How did the Studio
We sent them a letter outlining all of our COVID protocols
10
concerns.
11
Q.
Did you send such a letter to Mr. Spencer?
12
A.
Yes.
13
Q.
At this time, I would like to show you what has been pre-
14
marked as exhibit 1.
15
Q.
16
Studio sent to Mr. Spencer?
17
A.
Yes.
18
Q.
Is this your signature at the bottom of the letter?
19
A.
Yes.
20
Q.
Did this letter advise Ms. Spencer that he might encounter
21
wait times at the Ocean Eleven building?
22
A.
23
insignificant.
24
Q.
Are your clients aware of the Studio’s COVID protocols?
25
A.
Yes.
26
business.
27
textures, be present.
28
physically available to visit vendors, appear on-site, and
29
interact on a personal level.
30
meet those expectations.
31
their own COVID protocols and require vendors to present
Is this an accurate copy of the COVID protocol letter the
No.
But as I said, the wait times are pretty
It’s something we promote.
Design is a “hands-on”
It’s tactile. You need to feel the fabrics, the
Our clients need and expect us to be
Our COVID protocols allow us to
Moreover, many of our clients have
12
R. 55
20-CV-005876-EMS/BBK
Doc # 64-2
Filed: 9/16/2021
1
negative tests before coming on-site.
3
Q.
5
A.
7
Q.
9
Spencer?
Page 13 of 42
Our protocols give
2
clients the confidence they need to let us into their space.
4
vendors?
6
require all our employees to wear them indoors.
8
Mr. Spencer worked at the Studio.
Do all of your clients require negative tests from their
No.
OK.
Not all.
Some don’t even require masks, but we
I want to bring you back to the summer of 2020 when
When did you first meet Mr.
10
A.
I met him during our interview process.
He is an
12
Q.
14
A.
16
I did send him the letter explaining the Studio’s COVID
18
Q.
20
11
impressive young man.
13
interview and the internship starting?
15
then the next time we interacted was at orientation.
17
protocols, but I did not have any discussions with him.
19
intern.
A.
He started with the rest of our interns, June 1, 2020.
21
Q.
How many other interns were there?
22
A.
We had five total.
23
Q.
I thought you testified that the program consisted of six
24
interns?
25
A.
26
the program, but one dropped out because of COVID-related
27
issues.
28
Q.
I see.
29
A.
No.
30
Very personable.
Did you interact with Mr. Spencer in the time between his
No.
I offered him the position, which he accepted, and
I suppose
I want to learn more about Mr. Spencer’s work as an
When did Mr. Spencer’s internship begin?
That’s true.
Six interns were scheduled to participate in
You didn’t replace that intern?
It was too late to add someone at that point.
And
some of our departments were still ramping back up after the
13
R. 56
20-CV-005876-EMS/BBK
Doc # 64-2
Filed: 9/16/2021
Page 14 of 42
1
COVID slowdown, so we wanted to be sure we had enough work to
3
5
project.
2
keep our five interns busy.
Q.
What projects did Mr. Spencer work on while at the Studio?
4
A.
He was lucky! He had the opportunity to select one big
6
Q.
Are interns assigned to projects, or can they select them?
7
A.
We have a pool of projects they can chose from.
8
Q.
What project did Mr. Spencer select?
9
A.
He decided to work on a huge project for CGBU.
The
10
University built a brand-new state of the art recreation center
12
were fired before it even got off the ground.
14
in and basically started from scratch.
11
on campus.
Another design firm started the project, but they
13
responsiveness, mismanagement, the works.
15
Q.
How did Mr. Spencer contribute to the project?
16
A.
Well, you should probably ask the various department heads
17
for specifics about that.
18
was the Client Relations lead on the project, so she might know
19
more than me.
20
the CGBU liaison, Marc Johansen, took a liking to Nick.
21
they knew each other from the CGBU gym.
22
exactly.
23
like it so much he wanted to integrate it into the rec center.
24
Q.
25
integrate Mr. Spencer’s project into the rec center?
26
A.
28
Nick’s project was designing a coastal kitchen for his mother –
30
and loved the colors and the vibe.
Lack of
Then we were brought
Melissa Urban Constantine, my wife,
Actually, she was Nick’s mentor.
I do know that
I think
I can’t remember
In fact, Mr. Johansen saw Nick’s intern project and
What do you mean when you say that Mr. Johansen wanted to
As I mentioned, our internship program culminates with
27
each intern presenting their final project to the Studio.
29
a sweet idea.
31
insisted that we integrate Nick’s ideas into the sitting
Anyway, Mr. Johansen saw the initial renderings
He liked it so much that he
14
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20-CV-005876-EMS/BBK
Doc # 64-2
Filed: 9/16/2021
Page 15 of 42
1
area/juice bar in the rec center.
It was quite an honor for
3
with Mr. Johansen directly on the color scheme.
5
some practical experience.
7
BY MR. JOHNS:
9
A.
11
Q.
13
A.
15
17
our nursery, it just hadn’t started yet.
19
the back burner.
21
domestic interior design, but his big project was the rec
23
different projects, so we wanted to give him an opportunity to
25
2
Nick.
Since the idea started with him, we allowed Nick to work
4
supervised, of course, but we let him stretch his wings and get
6
Q.
8
Objection.
He was
How did Mr. Spencer feel about that additional work load?
Speculation. You can answer, if you know.
I don’t know what was in his head.
He didn’t complain.
10
would think he would be excited about the opportunity.
12
projects during his internship?
14
the nursery for me and Melissa.
Q.
Did you hire Mr. Spencer to complete your nursery?
16
A.
No, I wouldn’t say that.
18
at the Studio were very busy and this project kept sliding to
20
part of the internship.
22
center.
24
get experience in a domestic space.
Q.
Whose idea was it for Mr. Spencer to design the nursery?
26
A.
I’m not sure exactly – I think Nick and Melissa talked
28
busy trying to juggle work and get ready for the baby.
30
one evening and said that she had mentioned to Nick that we
I
Did Mr. Spencer have the opportunity to work on any other
Well, in addition to his final project, he also designed
We planned to have the Studio do
The department heads
When Nick took it on, we just considered it
You see, Nick’s background is in
Other interns had the chance to work on a variety of
27
about it.
At the time, Melissa was pregnant, and we were both
29
hadn’t even started on the nursery.
We
Melissa came home excited
15
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20-CV-005876-EMS/BBK
Doc # 64-2
Filed: 9/16/2021
Page 16 of 42
1
needed someone to design the nursery and that he wanted to
3
5
young man, and I was excited to see what he could do.
7
he design a room in a domestic space, but he would have the
9
other partners, and everyone was impressed that Nick wanted to
2
design the nursery as his final project.
Q.
Did that seem like a good idea to you?
4
A.
I thought it showed real initiative.
6
it would be a great learning experience for him.
8
opportunity to see it brought to life.
He is a talented
I thought
Not only could
I mentioned it to the
10
design the nursery.
12
project?
14
conversation with Melissa, I had a chat with Nick to ask about
16
I was pretty confused.
11
Q.
13
A.
15
how the project was going; he started talking about appliances.
17
Q.
What were the appliances for?
18
A.
He said that he was going to design a coastal kitchen for
19
his final project and had already submitted a proposal to the
20
junior intern supervisor, Eric Flores.
21
Q.
What was your response?
22
A.
Well, I was confused.
23
nerve.
24
partners.
25
designing our nursery, and that the other partners agreed that
26
stepping up like that showed the kind of collaborative spirit we
27
value around here.
28
for his future at the company.
29
Q.
What did you mean by that, his future at the company?
30
A.
Well, we do sometimes hire former interns.
31
Did Mr. Spencer submit the nursery proposal as his final
No, as it turns out, he didn’t.
About a week after my
I thought he might have lost his
I’m sure it was intimidating designing a nursery for two
So, I told him how excited we were about him
Impressing the partnership would bode well
guaranteed, but it happens.
It is not
If he ever decided to apply for a
16
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20-CV-005876-EMS/BBK
Doc # 64-2
Filed: 9/16/2021
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1
position, I’m sure the partnership would remember his
3
5
already underway.
7
the coastal kitchen as his official project and then do the
9
Q.
11
A.
13
projects.
15
designed the floor plan and helped select the flooring
17
know the partners on a more personal level and put into action
19
Q.
21
A.
23
was related to the nursery.
25
went on bed rest soon after the internship program started.
27
A.
29
Q:
2
contributions.
Q.
How did Mr. Spencer respond?
4
A.
He expressed concern that the coastal kitchen project was
6
could tell he was torn, so we agreed that he would continue with
8
nursery as an informal project.
He said it was his mother’s dream kitchen.
I
Were any other interns doing personal, informal projects
10
for partners?
12
do pitch in on partner projects in addition to their final
14
worked on a partner’s new exercise room.
16
materials.
18
the skills they learn during the internship.
20
suffer as a result of this extra project?
22
that Nick missed a few lunch-and-learns, but I don’t think it
24
Q.
26
you tell me about that?
28
But yes, about a month into the program she went on bed rest.
30
Not doing complete projects, but yes, occasionally interns
That summer, I can’t remember who, but one intern
I think the intern
It’s a nice opportunity for the interns to get to
Did any of Mr. Spencer’s internship responsibilities
I don’t think so.
He never mentioned anything.
I noticed
Switching gears, I understand that your wife, Melissa,
Can
Well, I wouldn’t call it soon after the program started.
How did the Studio handle her absence in terms of managing
her workload?
17
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Doc # 64-2
That was a stressful time.
Filed: 9/16/2021
Page 18 of 42
1
A:
Luckily, because we had been
3
navigate her rest quite seamlessly.
5
able to meet clients in person or go on-site, but we had others
7
9
have an intern meet a potential client to pitch a concept, but
11
had interns help her update files when there was a particularly
13
2
forced to go fully remote because of COVID, we were able to
4
on Zoom and was always on her e-mail.
6
fill in where needed.
Q.
Others?
8
A.
Not always, but sometimes.
She was able to take calls
Of course, she was not
Do you mean interns?
For example, we would never
10
an intern could certainly drop-off fabric swatches.
12
tight turn around.
Q.
Was Ms. Urban Constantine involved in the intern program?
14
A.
Yes.
15
Q.
How did her physical absence impact her role as mentor?
16
BY MR. JOHNS:
17
Objection.
18
BY MS. JAMESTON:
19
Q.
20
impact her role as a mentor?
21
A.
22
remotely whenever Nick, or anyone else, needed her.
23
stopped by the house to meet with her regularly.
24
did not attend the lunch-and-learns, but it was common for
25
partners to miss lunch-and-learns, so I don’t think it was a big
26
deal.
27
to me or Eric.
28
Q.
29
She also
She was Nick’s mentor.
Form.
Assumes facts not yet established.
I will rephrase.
Did Ms. Urban Constantine’s absence
During bed rest, hardly at all.
She was available
Plus, Nick
Granted, she
If Nick needed in-person guidance, he could always come
Ms. Urban Constantine went into labor early, is that
correct?
18
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1
A.
3
to finish.
Doc # 64-2
Filed: 9/16/2021
Page 19 of 42
Yes, thankfully, everyone is happy and healthy.
Melissa
2
was due September 22, right after the CGBU project was scheduled
4
Q.
When was the scheduled end date?
5
A.
September 18, 2021.
6
Q.
OK. Go on.
7
A.
Right, she was due on September 22, but went into labor on
8
August 5. Now, of course we knew that Melissa would be taking
9
leave for the baby, but she had not started to ramp down yet,
11
general plan for her maternity leave was for the senior Client
13
responsibilities, with other Department heads making up the
15
was pretty chaotic during August and September, particularly
17
Q.
19
A.
21
rest, with support from her team, and Nick.
23
Spencer directly for questions regarding the CGBU project?
10
and we were still navigating her bed rest situation.
The
12
Relations Associate to take over the bulk of her
14
difference.
16
with the CGBU project coming to a close.
18
Johansen at the time she went into labor?
20
She had continued her duties with Mr. Johansen while on bed
22
Q.
24
A.
Yes.
25
Q.
Was it typical that a client would communicate directly
26
with an intern?
27
A.
29
integrated into the juice bar area at the rec center.
31
quite honestly, after Melissa went on bed rest and then had the
But our baby, Alex, caught us all off guard.
It
Was Ms. Urban Constantine working closely with Mr.
Melissa works closely with all of our clients.
But yes.
Were you aware that Mr. Johansen was reaching out to Mr.
No, not at all.
But as I mentioned, Mr. Johansen took a
28
liking to Nick.
And don’t forget that Nick’s ideas were
30
not typical, the client liked to communicate with Nick, and
Although
19
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1
baby, knowing that Nick was on top of the CGBU account was one
3
supervised by the Client Relations team and supported by the
5
7
10, 2020.
9
leave, the CGBU project was racing toward the finish line, and
11
mentioned that his course load would be light in the Fall, so I
13
opportunity for Nick to close out the project he contributed to
15
Q.
17
A.
19
Q.
21
A.
23
Q.
25
A.
27
Relations department, which is where we were a bit short
29
2
less thing for me to worry about.
Of course, Nick was
4
entire Studio.
Q.
Mr. Spencer’s internship was scheduled to end on August
6
21.
But it didn’t.
8
A.
The CGBU project was a Studio-wide effort.
He stayed on at the Studio until September
Why did you invite him to stay on?
It was an unusual situation.
Melissa was unexpectedly on
10
Nick was familiar with the project and the client.
12
suggested that he extend his internship.
14
all summer.
16
21?
18
see a project to conclusion.
20
worked for the Studio?
22
his internship.
24
additional weeks?
26
rotating through the departments, we placed him in the Client
28
staffed.
Q.
Did Mr. Spencer take over Ms. Urban-Constantine’s role?
30
A.
Absolutely not.
31
Nick had
It was a special
Was Mr. Spencer the only intern who stayed on past August
No.
We had one other intern stay about a week extra to
Did the Studio pay Mr. Spencer for the extra weeks he
No, he was not working for the Studio.
He simply extended
Did Mr. Spencer’s responsibilities change during these
Maybe a little, but not much. Because Nick was no longer
You could hardly expect an intern to take
over the responsibilities of a partner like Melissa.
Nick did
20
R. 63
20-CV-005876-EMS/BBK
Doc # 64-2
Filed: 9/16/2021
Page 21 of 42
1
serve as a liaison for clients by referring emails and calls to
3
independently, but when he ran into trouble or had questions, he
5
Q.
7
A.
9
extension of his intern rotation in Client Relations.
2
various department heads.
To his credit, he worked quite
4
consulted with me for advice.
6
Constantine’s responsibilities, correct?
8
department heads.
But Mr. Spencer did take over some of Ms. Urban
Well, simple things, like referring e-mails and calls to
He was a go-between.
It was really just an
He also
10
continued to run things to and from client spaces, paint
12
those tasks, we asked Nick to start providing updates on
14
circulating written reports detailing the status of current
16
Q.
18
A.
20
situation and Nick was uniquely positioned to help out.
22
work on that?
24
project deadline was September 18.
26
a good relationship with Mr. Johansen, and they worked well
28
Q.
30
A.
11
samples, material swatches, things like that.
13
projects at our weekly partner meetings.
15
projects.
17
for the partner meetings?
19
certainly they wrote pieces of them.
21
Q.
23
A.
25
things on the project running smoothly.
27
together.
29
In addition to
Part of that was
Did any of the other interns ever prepare written reports
I don’t think any of them wrote any full reports, but
What about the CGBU project?
Yes, absolutely.
This was an unusual
Did Mr. Spencer continue to
It was all hands on deck because the
Nick was a huge help keeping
As I mentioned, he had
Did Mr. Spencer stay at the Studio until the CGBU project
was complete?
No.
He left right before completion.
As I recall,
21
R. 64
20-CV-005876-EMS/BBK
Doc # 64-2
Filed: 9/16/2021
Page 22 of 42
1
classes had started up again and it was just too difficult to
3
2
juggle the Studio and his class load.
Q.
Did you offer Mr. Spencer a job at the Studio?
4
A.
No.
6
[Remainder of direct examination redacted for purposes of academic
5
7
He was still a student.
assignment.]
22
R. 65
20-CV-005876-EMS/BBK
1
CROSS-EXAMINATION
3
Q.
5
an internship?
Doc # 64-2
Filed: 9/16/2021
Page 35 of 42
2
BY: MR. JOHNS:
4
questions.
6
A.
No.
7
Q.
Have you ever promised to pay an intern for their time
8
during an internship?
9
A.
Good afternoon.
No.
I wanted to ask you a few follow up
Have you ever paid an intern for their time during
The company is very clear.
10
It’s in our offer letter.
12
Q.
14
It’s in the brochure.
This is an unpaid internship that
11
gives students the opportunity to learn practical design skills.
13
discuss paying him a wage?
A.
No.
15
Q.
Why not?
16
A.
Why would we?
17
We let him stay at the studio a few weeks longer.
18
Nothing changed.
19
Q.
20
extend his internship, did Mr. Spencer ask to be paid for his
21
time at the Studio?
22
A.
No.
23
Q.
You testified that interns sometimes pick up dry cleaning
24
or lunch for department heads.
25
to perform those tasks?
26
A.
27
run smoothly.
28
Q.
29
the Studio?
30
A.
When you extended Mr. Spencer’s internship, did you
Nick was an intern in an unpaid internship.
That’s it.
Back in August 2020, when you and Mr. Spencer agreed to
No.
Never.
The Studio is a team.
Did the Studio require interns
We all pitch in to help things
Have you ever asked an intern to clean up a workspace at
No.
35
R. 66
20-CV-005876-EMS/BBK
Doc # 64-2
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Page 36 of 42
1
Q.
3
A.
5
[Remainder of cross-examination redacted for purposes of academic
2
4
6
Have you ever asked an intern to remove garbage from the
Studio?
No.
assignment; re-direct examination begins on next page]
36
R. 67
20-CV-005876-EMS/BBK
1
RE-DIRECT EXAMINATION
3
Q.
5
Doc # 64-2
Filed: 9/16/2021
Page 42 of 42
2
BY MS. JAMESTON:
4
since Mr. Spencer left?
A.
Yes.
6
Q.
How many?
7
A.
One.
8
Q.
In what department does this new employee work?
9
A.
Client Relations.
10
Q.
Did you consider Mr. Spencer for this position?
11
A.
Nick didn’t apply for the position.
12
Q.
I’ll ask you again.
13
Client Relations position?
14
BY MR. JOHNS:
16
A.
We can’t consider someone who doesn’t apply.
Q.
Have you ever picked up a department head’s dry cleaning?
18
A.
No.
15
17
Mr. Constantine, has the Studio hired any new employees
Was Mr. Spencer considered for the
Objection. Asked and answered.
You can answer.
19
20
21
[Remainder of deposition redacted for purposes of academic assignment]
42
R. 68
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Doc #
64-2A
STUDIO CGB
Filed: 09/16/2021
Page: 1 of 2
|Interior Design, P.A.
May 11, 2020
Nicholas Spencer
College Park Way, Apt. 527
Coral Gardens Bay, FL 32322
Re:
Studio CGB Interior Design, P.A. COVID-19 Protocols
Dear Mr. Spencer:
We are excited to welcome you to Studio CGB Interior Design, P.A.’s 2020 Internship Program.
As COVID-19 continues to impact our community, our priority is the continued safety of our
staff, interns, clients, and their families. For this reason, Studio CGB has implemented the
following safety measures to protect everyone’s health as we resume our in-person operations.
First, facial coverings are required at all times while you are physically present at Studio CGB or
interacting with anyone as a Studio CGB representative. The facial covering must cover your
entire nose and mouth.
Second, Studio CGB has partnered with Ocean Eleven to provide free COVID-19 testing to our
employees and interns. Ocean Eleven is conveniently located at 2835 Decorator Way, Coral
Gardens Bay, Florida and opens for COVID-19 testing at 6:30 a.m. All tests described in this
letter must be completed at Ocean Eleven and in accordance with Studio CGB’s COVID-19
Testing Schedule. I will provide you with a copy of the schedule during the Intern Orientation
on June 1, 2020.
All Studio CGB employees and interns are required to take a weekly polymerase chain reaction
test (PCR test) and a twice weekly antigen test (rapid test). Samples for both the PCR and rapid
tests will be collected by nasal swab. To obtain entry into Studio CGB, you are required to test
negative for COVID-19. You must complete a rapid test at Ocean Eleven on June 1, 2020, prior
to attending Intern Orientation.
Please notify me immediately if you receive a positive COVID-19 test result, suspect someone
in your household has contracted COVID-19, or had close contact with someone with COVID19.
2735 Decorator Way| Coral Gardens Bay| Florida 32325
R. 69
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Doc #
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Filed: 09/16/2021
Page: 2 of 2
| Studio CGB Interior Design, P.A. COVID-19 Protocols
Page 2
Studio CGB requires your full compliance with its COVID-19 protocols. Please contact me
directly if you have any questions or concerns. By following these protocols and working
together, we can ensure safe, in-person collaboration with each other and our clients.
Again, we are delighted that you will join Studio CGB Interior Design, P.A. for an exceptional
experience like no other.
Sincerely,
_____________
Stefan Constantine
General Partner
Studio CGB Interior Design, P.A.
2735 Decorator Way | Coral Gardens Bay| Florida 32325
R. 70
20-CV-040203-ACM/JOS
1
2
3
4
5
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8
9
10
11
12
13
14
15
16
17
18
19
20
21
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23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
Doc # 64-3
Filed: 11/18/2020
Page 1 of 56
UNITED STATES DISTRICT COURT
SOUTH-CENTRAL DISTRICT OF FLORIDA
CASE NO: 20-CV-005876-EMS/BBK
NICHOLAS SPENCER,
Plaintiff,
vs.
STUDIO CGB INTERIOR DESIGN, P.A.,
Defendant.
----------------------------------------------------------------DEPOSITION OF MELISSA URBAN CONSTANTINE
Taken before Mary Hunter, Notary Public in and for the State of
Florida at Large, pursuant to Notice of Taking Deposition filed
in the above cause. Taken on behalf of Plaintiff Nicholas
Spencer.
DATE TAKEN:
TIME:
Place:
August 5, 2021
9:00 a.m. – 12:00 p.m.
DE FACTO DEPOSITION SERVICES
36 Primrose Place
Coral Gardens Bay, FL 32322
1-800-867-5402
COURT REPORTER: MARY HUNTER
Appearances of Counsel:
On behalf of Plaintiff Nicholas Spencer:
Riley Jameston, Esq.
Samuels, Jameston & Ericson, LLP
191 Lakeside Road
Coral Gardens Bay, FL 32321
(306) 555-3701
1
R. 71
20-CV-040203-ACM/JOS
1
Page 2 of 56
Connor Johns, Esq.
Matthews Johns, P.A.
1530 Delgado Avenue
Coral Gardens Bay, FL 32322
(306) 901-0001
5
6
7
8
9
11
Filed: 11/18/2020
On behalf of Defendant Studio CGB Interior Design,
P.A.:
2
3
4
10
Doc # 64-3
Index to Witness:
12
Examination by Ms. Jameston pg. 2
13
14
15
16
17
18
19
Cross-examination by Mr. Johns pg. 47
Redirect examination by Ms. Jameston pg. 47
DEPOSITION
20
21
Whereupon, Melissa Urban Constantine was called as a witness,
22
23
having been first duly sworn to speak the truth and nothing but
the truth, was examined, and testified as follows.
24
25
DIRECT EXAMINATION
27
Q.
29
Spencer.
31
33
Constantine?
35
26
BY MS. JAMESTON:
28
Constantine.
30
your full name for the record?
A.
Melissa Urban Constantine.
32
Q.
Thank you, Ms. Constantine.
34
A.
Either one is fine.
Q.
Okay. Have you ever been deposed before?
Good morning.
We’re here for the deposition of Melissa
I am Riley Jameston, and I represent Mr. Nicholas
You have been sworn in already.
2
Will you please state
Or do you prefer Ms. Urban
R. 72
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Doc # 64-3
Filed: 11/18/2020
Page 3 of 56
1
A.
Once.
2
Q.
Was that deposition in connection with your work?
3
A.
No.
4
slammed into another driver over near Coral Casino.
5
whole thing happen, so I was a witness. One of the attorneys
6
deposed me.
7
Q.
8
deposed?
9
A.
Yes.
10
Q.
Okay.
12
[Series of preliminary instructions and non-substantive questions
11
I saw a car accident happen last year.
A drunk driver
I saw the
I don’t even remember which side.
Okay, thank you. That’s the only time you’ve ever been
13
omitted for purposes of LSV appellate simulation.]
15
Q.
Are you employed?
16
A.
Yes.
17
Q.
Tell me a little bit about Studio CGB Interior Design.
18
A.
It’s an interior design firm. We’re a partnership.
19
six partners, including myself, and around 74 employees.
20
of us used to work at another firm, and about six years ago we
21
decided to branch out and start our own firm.
22
beginning of Studio CGB.
23
Q.
What do you do at Studio CGB?
24
A.
I work in Client Relations. I’m the partner in charge of
25
that department.
26
Q.
Are there other partners in your department?
27
A.
In Client Relations? No. I’m the only partner in Client
28
Relations.
29
Q.
Does each department have a partner in charge?
30
A.
No.
14
31
I’m a partner at Studio CGB Interior Design.
We have
A group
That was the
Other partners run other departments.
We originally envisioned it that way because we had
seven partners and six departments, but a few years ago John
3
R. 73
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Doc # 64-3
Filed: 11/18/2020
Page 4 of 56
1
Ricardo left to be closer to his family in Cincinnati.
We
3
Q.
5
A.
7
whole business.
9
Q.
11
A.
13
Q.
15
A.
17
shut down, and even though we came back earlier than most, our
19
again, and we haven’t really talked about adding partners.
21
Relations.
23
2
haven’t brought in any new partners since then.
4
originally a department that had two partners in it?
6
departments, and then we had one general partner who oversees the
8
since the beginning.
10
was he in charge of?
12
haven’t made her a partnership offer.
14
offer?
16
business as usual lately. We got slammed by COVID when everything
18
contacts haven’t been there.
20
Q.
22
A.
What do you mean?
Q.
What do you do, as partner in charge of Client Relations?
24
A.
Oh. Pretty much what it sounds like.
26
can’t design a project without lighting, or without considering
28
track of who is in charge of which department, and it’s
30
different aspects of their projects. Most of the time they
With seven partners and only six departments, was there
No, we had a partner in charge of each of the six
Okay.
My husband Stefan has been in that position
Mr. Ricardo – the partner who left -- what department
He was in Lighting.
Rita Cherubi runs that shop now, but we
Is there any reason you haven’t made her a partnership
Not really.
Okay.
Time. COVID. Things haven’t really been
We’re just getting back on our feet
You said you’re the partner in charge of Client
What does that entail?
Any interior design
25
job involves all of our design departments in some capacity.
27
fabrics and furniture, for example.
29
unrealistic to expect them to contact different people for
31
wouldn’t know which department they need, anyway. So every
4
You
But the clients can’t keep
R. 74
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Page 5 of 56
1
project has a point person in Client Relations.
That person sort
3
conduit of information to and from the client. That way, the
5
Q.
7
A.
9
to team members, divvy up responsibilities, fill in for people
2
of shepherds the project from start to finish and serves as the
4
client needs to talk to only one person from the Studio.
6
Relations?
8
As the partner in charge of the department I also assign projects
So that’s what you do as the partner in charge of Client
You shepherd projects from start to finish?
Well, that’s what I do as part of the Client Relations team.
10
who are out or delegate their responsibilities to others.
12
department.
14
not to get too mixed up in the billing.
That
11
kind of thing.
13
things, and I’m nominally responsible for them, too – but I try
15
Q.
And how do the interns fit into this?
16
A.
Into the Client Relations department?
17
Q.
Into the company as a whole.
18
the departments? What role do they play?
19
A.
20
role.
21
experience and develop skills, but they’re not doing much actual
22
work.
23
Q.
Can you tell me about the internship program?
24
A.
Sure, but I’m not in charge of it.
25
Didn’t you just talk to him a few days ago?
26
Q.
27
second – my understanding is that you are married to Stefan
28
Constantine.
29
A.
Yes.
30
Q.
And as you just pointed out, we met with Mr. Constantine a
31
Billing and financials also fall within our
We have a few accountants who take care of those
How do the interns fit into
Well, I mean, they’re interns. They don’t play much of a
The internship program allows students to get some
You should ask Stefan.
I’d like to hear about it from you. But backing up for a
few days ago.
Is that right?
What do you know about that meeting?
5
R. 75
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Doc # 64-3
Filed: 11/18/2020
Page 6 of 56
1
A.
I know that you deposed him, but that’s it.
2
Q.
Did he tell you what we talked about, or what he said?
3
A.
No. We have a one-year-old baby – his birthday is today,
4
actually – and he pretty much takes all of our attention when
5
we’re home.
6
was fine, and that’s pretty much all we said about it.
7
Q.
8
program work?
9
A.
Okay.
I asked Stefan how the deposition was, he said it
Getting back to the interns.
Well, we have a group of interns.
How does the internship
It’s usually around six
10
because we have the six departments, but sometimes it’s more or
12
applicants we get, what kind of work we have for them – you know,
14
that.
16
only during the summer, or do you have school-year interns, too?
18
tried to do a semester internship program, but it just got too
20
and their schoolwork.
22
24
program?
11
fewer.
13
whether we’re going to have enough for them to do – stuff like
15
Q.
17
A.
19
complicated with all of the conflicts with their class schedules
21
class of interns.
Q.
How long do the interns stay at the Studio?
23
A.
During the day, you mean?
25
Q.
Both.
26
A.
It’s twelve weeks long, give or take.
27
Q.
What do you mean?
28
A.
Well, some students have other commitments that require them
30
are right around twelve weeks, but it’s not unusual for an intern
29
I think it depends on the qualifications of the
Is there a set time for the interns?
Do you have interns
We have them only during the summer.
A few years back we
Since then we’ve stuck with just a summer
Or how long is the internship
Start with how long the internship program is.
What’s the give and what’s the take?
to shorten their stay or to start later.
6
Most of the internships
R. 76
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Doc # 64-3
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Page 7 of 56
1
to start a week or two late or to end a week or two early.
3
Q.
5
A.
7
weeks maybe.
9
Anyway, Nick really wanted to see that project through to the
2
not ideal, but it happens occasionally.
4
twelve weeks?
6
few extra days to finish it up.
8
assigned to all summer.
It’s
Does it ever happen that an intern stays for longer than
Sometimes if they’re working on a project they may stay a
I think Nick stayed about two
He was really interested in the project he’d been
It’s that new rec center over at CGBU.
10
end, so he stayed for I think two weeks, but then he went back to
12
baby and was not focused on the office just then.
14
intern like Mr. Spencer to stay so long past the scheduled end of
16
A.
18
think that’s strange.
20
Q.
22
A.
24
office by 8 a.m., and they stay until 5, give or take.
26
stay a little later if they’re working on something in
28
end of the day, they’ll leave from there instead of coming back
30
Q.
11
school.
13
Q.
15
the internship?
17
weeks, and he wanted to see the project get finished.
19
him.
21
have a regular schedule? Or do their hours vary from day to day?
23
how they spend their day will vary.
25
they’ll work through lunch and leave a little earlier, or they’ll
27
particular.
29
to the office.
31
Stefan would know better than I do.
I understand.
In your experience, was it unusual for an
I don’t think he stayed so long.
Okay.
I had just had the
It was something like two
I don’t
It was a great learning opportunity for
Going back to the interns’ daily schedule, do they
Their hours are pretty stable throughout the internship, but
We expect them to be in the
Sometimes
And sometimes if they go to a job site toward the
I understand your office has taken some COVID precautions.
Is that right?
7
R. 77
20-CV-040203-ACM/JOS
Doc # 64-3
Filed: 11/18/2020
Page 8 of 56
1
A.
Well, yes.
Hasn’t everyone?
2
Q.
In particular, what precautions have you taken?
3
A.
We shut down like everyone else did in Spring 2020. We tried
4
to work remotely, but that didn’t really work for us because it’s
5
too hard to get an exact sense of colors and fabrics when you’re
6
online.
7
of other businesses did.
8
really careful.
9
shared offices and started using conference rooms for office
We came back into our offices a lot earlier than a lot
We were back by mid-May, but we were
We required masks.
We also took people out of
10
space so people wouldn’t be right on top of each other. And we
12
COVID out of our offices was to test people all the time.
14
back in the office.
11
tested like crazy.
13
were testing multiple times a week, right from our first days
15
Q.
How did you do the testing?
16
A.
There’s a testing center in our office park.
17
deal with them to have our employees tested twice weekly, but not
18
all on the same two days.
19
everyone tests so that the whole company isn’t in there trying to
20
get tested at once.
21
Q.
How long did you do the testing?
22
A.
We’re still doing it.
23
Q.
Still twice a week, even with vaccines?
24
A.
Yes.
25
Q.
Do you require your employees to be vaccinated?
26
A.
No, our attorneys advised us to leave that decision up to
27
each employee.
28
insistent about the testing.
29
Q.
What kind of testing is it?
30
A.
Both.
31
Stefan was convinced that the key to keeping
So we
We set up a
Stefan made a schedule of when
That’s part of the reason we’re still so
Rapid antigen or PCR?
Everyone is rapid-tested twice a week.
You take the
test, wait for fifteen minutes, and leave if you’re cleared.
8
On
R. 78
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Doc # 64-3
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1
one of those two days, you also do a PCR test.
3
5
doesn’t do it.
Page 9 of 56
Those take a few
2
days to come back.
You don’t hear right away.
Q.
Does everyone do this testing, or just the interns?
4
A.
Everyone.
6
Q.
So you get tested twice a week, too?
7
A.
Yes.
8
that’s our son – now that Alex is in daycare. Stefan and I both
9
need to make sure we’re not bringing something home that Alex
That’s the point.
It doesn’t work if everyone
That’s especially important now that Alex – Alexander,
10
could spread at daycare, and that we have not caught anything
12
14
swab.
16
that sort of thing.
18
our office park.
20
pretty quickly.
22
the time I walk in and the time I get tested.
24
fifteen minutes for the test to come back, but I usually just use
26
Q.
28
A.
30
Q.
11
from him that we could share at the office.
Q.
What is the testing experience like for you?
13
A.
What do you mean? How do they do the test?
15
Q.
17
A.
19
formed by the time I get there closer to 8:00.
21
minutes, but most of the time it’s less than five minutes between
23
even less than a minute.
25
that time to read and answer emails on my phone.
27
Nicholas Spencer.
29
and I was his mentor. And he’s the plaintiff in this lawsuit.
31
It’s a nasal
I meant more like where do you go, how long does it take,
Oh.
Okay.
Well, like I said, there’s a testing center right in
It opens at 6:30 a.m., so sometimes a line has
But it moves
Once or twice I’ve had to wait up to twenty
Sometimes it’s
Then of course you have to wait the
I want to shift topics and talk a little bit about
Do you know Mr. Spencer?
Of course I do.
He was an intern in our program last year,
Do you remember your first interaction with Nicholas?
When
did you first meet him?
9
R. 79
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2
Filed: 11/18/2020
Page 10 of 56
BY MR. JOHNS:
3
Objection.
5
BY MS. JAMESTON:
4
Doc # 64-3
She can answer only one question at a time.
6
Q.
Ms. Constantine, when did you first meet Nicholas Spencer?
7
A.
You know, I was thinking about this just the other day.
8
was trying to remember his interview from when he was applying
9
for the job.
I
Stefan runs the intern applicants through a few
10
rounds of interviews, and I always participate in those.
I know
12
interview.
14
Spencer?
16
intern program with Stefan – Eric had an orientation session for
18
their interns.
20
at CGBU, and I was the Client Relations lead on that project.
22
intern project.
24
each intern do?
26
the internship.
28
interns end up doing four or five smaller projects over a summer,
30
Q.
11
I must have met Nick then, but I honestly don’t remember his
13
Q.
15
A.
17
the interns and he asked all of the mentors to show up to meet
19
project he chose to work on first was the rec center project over
21
it turned out that I was his mentor and I was point person on his
23
Q.
25
A.
27
through the departments, they will get other projects.
29
while others may do just one or two.
Okay.
When is the first time that you remember meeting Mr.
It was during his first week.
Eric Flores – he runs the
So I met him there, and then by coincidence the
You say this was his first project.
So
How many projects does
It varies. Each intern gets a project at the beginning of
As they finish those projects and as they rotate
Some
How many projects did Mr. Spencer do?
10
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1
A.
He started off on the rec center project, and he stayed with
3
broad exposure, especially because he’d told me that his primary
5
nursery project, too.
7
chance to work on something domestic, too.
9
nursery for your baby?
2
that all summer.
We felt kind of bad that he wasn’t getting more
4
interest was in domestic design, so Stefan and I threw him our
6
was committed to the rec center project we wanted to give him a
8
Q.
10
A.
Yes.
11
Q.
Was that an official Studio project?
12
A.
I don’t know what you mean by official.
13
partners in the Studio.
14
whether we paid for it, I mean – we’re partners.
15
out a client form for ourselves or set up a contract, but
16
everything we do at the Studio affects our partnership draw.
17
Q.
When did you decide to have the Studio work on your project?
18
A.
I don’t think we specifically decided to make the nursery a
19
Studio project.
20
time, but we hadn’t started it yet when Nick came on board.
21
been thinking about asking one of our associates to do it, but
22
when we realized that Nick was going to be limited to the one
23
commercial rec center project, and other interns would probably
24
get exposure to multiple projects, we decided to give him the
25
nursery project even though he was still working on the rec
26
center project at the same time.
27
Q.
And most interns don’t do that?
28
A.
Most interns don’t do what?
29
Q.
Get a new Studio project while they’re still working on
30
their first one?
It had to get done, anyway, and since he
When you say your nursery project, are you referring to the
Stefan and I are
We wanted the nursery.
If you’re asking
We didn’t write
I guess we figured we’d work on it in our spare
11
I’d
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1
A.
Usually not, because interns also have their personal
3
occasionally an intern may have an overlap at the end of one
5
really quiet – like when you’re waiting for tile to get shipped
7
intern to put the first project on the back burner while they
9
Q.
11
A.
13
week of Nick’s Client Relations rotation, and he had been telling
15
coursework he’s taken for that.
17
the rec center project he'd been assigned would likely take the
19
projects would be limited. I asked what he was doing for his
21
So I offered him our nursery as a project, and he seemed excited
23
eye on Nick’s intern project notes because he’d be designing our
25
Q.
27
A.
29
grandmother – had an idea for a kitchen and that he was thinking
31
idea.
2
projects, and we don’t want them to get overwhelmed.
But
4
project and the beginning of another, or if one project gets
6
in from across the world, for example – then we might tell the
8
work on another.
When, exactly, did you assign Mr. Spencer to the nursery
10
project?
12
happened organically.
14
me about his interest in domestic design and about all of the
16
what he’d learned, and I started feeling bad because I knew that
18
full summer, and because of that his exposure to our domestic
20
personal project, and he didn’t seem to have a definite answer.
22
about that.
24
nursery.
26
he mention any of the projects he was considering?
28
specifics.
30
about designing that.
I wouldn’t say we assigned it to him.
It kind of just
We were out on a job site during the first
He said he was excited to apply
I remember I went home and told Stefan to keep an
When you asked Mr. Spencer about his personal project, did
He talked about a few vague ideas, but he was light on the
I think he said his mom – or maybe it was his
But it did not seem like a well-formed
And he jumped right on to the nursery suggestion.
12
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1
Q.
Did he finish the nursery?
2
A.
Well, Alex came a little early, so the nursery wasn’t quite
3
ready yet when he was born.
4
almost to completion by that point.
5
to Nick’s plan, but the room in its finished state has a lot in
6
common with Nick’s original design.
7
textures that Stefan wasn’t wild about for a baby, but the color
8
scheme was spot on.
9
I didn’t have much to do with it in the finishing stages.
But Nick had developed the idea
Stefan made a few revisions
I think he’d chosen a few
I was in the hospital for a lot of this, so
10
Q.
While he worked on the nursery project, did Mr. Spencer give
12
A.
14
time-sensitive part of the work, then put it aside again.
16
end I was happy with the final product, and I guess that’s all
18
Q.
20
assigned to work on the CGBU recreation center early in his
22
A.
24
Most of the time the projects either finish or reach a resting
26
then the intern gets a new project to work on.
28
deadline job.
30
minutes ago that we felt bad and wanted to give him the nursery,
11
you updates about its progress?
13
kind of put it aside for a few days and then rush to do some
15
least that’s what the file notes seemed to indicate.
17
that matters.
19
Spencer’s responsibilities at the Studio.
21
internship, is that right?
23
project that they work on as they rotate through the departments.
25
point where nothing can be done on them for a little while, so
27
with the rec center from the outset, and that was a short
29
that’s all he was going to work on.
31
too.
Not as frequently as I would have liked.
Okay.
I think he would
At
But in the
Let’s shift gears a little bit and talk about Mr.
I think he chose that project.
You said that he was
Every intern gets a major
But Nick matched
There weren’t going to be any breaks on that, so
13
That’s why I said a few
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Q.
3
A.
5
project.
7
wasn’t in my department at that point.
9
mentor, so we’d already met.
Page 14 of 56
Okay. Do you know what Mr. Spencer’s first involvement with
2
the rec center was?
4
interns all started.
6
away, which happened to be during the interns’ first week.
8
rotations in Lighting.
Well, we had just gotten that client right before the
And like I said, this was a short deadline
So we had the whole team meet with the client right
Nick
I think he started his
But I’d already been assigned to be his
The rec center was going to be his
10
assigned project, so he sat in on the big meeting during his
12
14
turned out that Marc Johansen – our client contact over at CGBU –
16
nice when the interns can establish a good rapport with the
18
Q.
20
A.
22
coming to my attention was in relation to a question that
24
we have a single point person in Client Relations to handle all
26
those questions relate to.
28
questions answered, and getting the responses back to the client
30
Studio.
11
first week.
Q.
What was his role in that meeting?
13
A.
His role?
15
recognized Nick, so they hit it off pretty well.
17
clients.
19
interaction was with Mr. Spencer?
21
in a hallway or something.
23
Johansen had about the lighting.
25
questions that a client may have, regardless of which department
27
getting those questions in front of the right people, getting the
29
– so the client only ever has one person to contact in the
31
Q.
Intern. He was just there to watch and learn.
It
That’s always
After the meeting, do you remember when your next
This is over a year ago now, so it’s possible I ran into him
But the next time I remember him
I think I told you before that
Client Relations is responsible for
Okay.
14
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1
A.
Shortly after the initial group meeting with Marc Johansen,
3
Something about electrical amps and wattage, I think.
5
sent to Rita Cherubi. I copied Nick because the rec center is his
7
that they can see how all of the pieces come together – so it’s
9
Q.
2
he had a question about lighting.
I don’t remember what it was.
4
called me with the question, and I put it into an email, which I
6
project, and the point of assigning each intern a project is so
8
important for them to see the communication among departments.
Anyway, he
Okay, so you copied Mr. Spencer on your email to Ms.
10
Cherubi.
Did you interact with Mr. Spencer on this issue, other
12
A.
14
next thing I saw on the issue was an email from Nick to Johansen,
16
11
than copying him on the email?
13
email, but she must have been busy with something because the
15
copying Rita and me, answering the question about the lights.
Q.
Was that unusual?
17
A.
Was what unusual?
18
Q.
For an intern to respond directly to the client.
19
A.
Well, it was unusual for anyone other than Client Relations
20
to respond to the client.
21
Client Relations.
22
emails from different departments, and we don’t want them to have
23
to try to figure out who they’re supposed to contact when they
24
have questions.
25
Q.
26
department?
27
A.
28
department, I’ll sometimes have them respond to an email for me.
29
Always including me in the thread, of course.
30
even give the interns electronic authorization to respond on my
31
behalf so that the “from” line of the email actually says it’s
Well, I’m not quite sure what happened after Rita got the
That’s why we have a point person in
We don’t want clients getting bombarded with
What about when an intern is in the Client Relations
Do they respond directly to clients then?
Yes, that can happen.
When I have an intern in my
15
Sometimes I’ll
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1
from the intern on behalf of Melissa Constantine.
3
5
not a Client Relations intern.
Page 16 of 56
That helps
2
keep the confusion down.
Q.
Okay.
4
A.
Yes, and that was unusual because he was a Lighting intern,
6
Q.
Did you say anything to him about that?
7
A.
I replied to his email and copied Rita to remind them both
8
that all communications should go through Client Relations.
9
Q.
11
A.
13
that.
15
but I know that Nick says now that Johansen was also calling him,
17
his liking.
19
Q.
21
So Mr. Spencer responded directly to Mr. Johansen.
And did communications go through Client Relations after
10
that?
12
Johansen itemized statements, purchase orders, and things like
14
routed those to the right departments and sent back the answers,
16
or Johansen would call Nick if I didn’t answer fast enough for
18
time.
20
rotating through the Lighting department, is that right?
A.
Yes.
22
Q.
And that rotation lasted for how long?
23
A.
Two weeks.
24
Q.
Do you know whether Mr. Spencer had any more contact with
25
Mr. Johansen during those two weeks?
26
A.
27
to me, even when they didn’t have anything to do with lighting,
28
but I thought he was doing that because I had copied Nick the
29
first time.
30
Nick.
31
harm in it.
You know, I thought they did.
I was certainly sending
And he wasn’t shy about calling me with questions.
I
I don’t remember hearing anything about that at the
You said that at that point in time, Mr. Spencer was
Each intern rotation lasts for two weeks.
I noticed that Johansen was copying Nick on emails he sent
I figured Johansen thought he was supposed to copy
I didn’t bother to correct him because I didn’t see any
And besides, like I said, part of the point of the
16
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1
intern project is for the intern to see the interaction among
3
Q.
5
A.
7
9
It’s not especially fascinating work, but I think it’s important
2
departments working on the project.
4
Lighting?
6
since it was my department, and I was his mentor.
Q.
What did he do in Client Relations?
8
A.
I started him off by having him review the client files.
Do you know which department Mr. Spencer rotated to after
Yes, he came to Client Relations.
That was convenient,
10
that interns have an understanding of how a client file works and
12
the files aren’t up-to-date, or they’re out of order, and an
14
These issues don’t usually affect the outcome of the projects, so
16
intern has been through the file and it’s completely up to date
18
Q.
20
A.
22
thing.
24
Client Relations?
26
before, every client has a point person in Client Relations.
28
and they sometimes draft responses for the associates to send
30
Q.
11
how we maintain it.
It’s also helpful to us because sometimes
13
intern can straighten them out while they review the files.
15
I don’t prioritize getting them done.
17
and in order.
19
Spencer do in Client Relations?
21
meetings, to pick up samples, to order furniture, that sort of
23
Q.
25
A.
27
interns help the point people get answers to client questions,
29
out.
But it’s nice when an
Okay, so he reviewed and updated files.
Like all interns, he shadowed me.
What else did Mr.
Went with me to client
Did he interact with any clients while he was an intern in
Yes, that’s what Client Relations does.
As I mentioned
The
Do the interns ever talk to the clients themselves?
17
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They answer phones.
Filed: 11/18/2020
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1
A.
And yes, if the associates are busy,
3
unanswered during office hours, so it’s all hands on deck.
5
we also emphasize to the interns that they should not answer
7
associates or partners first, unless they are absolutely sure of
9
misunderstandings when we’re dealing with client expectations.
2
interns will talk to clients.
4
you’re near a phone and it’s ringing, you should answer it.
6
questions or give information without running things past the
8
the information they are giving.
10
Q.
12
We don’t like phones to go
If
But
We don’t want there to be any
Talking specifically with reference to Mr. Spencer, did he
11
answer phones and emails and talk to clients?
A.
Yes, just like all interns do.
13
Q.
Do you know whether he spoke to Mr. Johansen?
14
A.
When?
15
Q.
When Mr. Spencer was in Client Relations.
16
whether he spoke to or emailed Mr. Johansen as part of his
17
responsibilities in Client Relations?
18
A.
19
meeting, and I’d seen that Johansen kept copying Nick on his
20
emails.
21
was supposed to copy Nick because I’d copied Nick the first time.
22
But whatever the reason, I was glad Johansen felt comfortable
23
with Nick, and I trusted Nick to run things past me before giving
24
information to Johansen.
25
Q.
26
Spencer’s internship.
27
A.
28
on bedrest around the middle of June.
29
That was the end of the first week that Nick was in Client
30
Relations.
Yes, he definitely did.
Do you know
I knew they’d met at that first
Like I said, I thought that was because he thought he
I understand you went on leave during the early part of Mr.
Yes.
Is that correct?
As you know, I was pregnant.
My obstetrician put me
I think it was the 19th.
I remember because the following week I kept him
18
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1
pretty busy bringing files over to my house to get me set up
3
Q.
5
2
there.
I kept working while I was on bedrest.
4
when you left the office and went on bedrest?
A.
That’s right.
6
Q.
Did he get a new mentor?
7
A.
Why would he need one?
8
difference was that now I was working from home.
9
for client interaction because the clients like to see and touch
11
to send Nick out with a few sample deliveries, and he Facetimed
13
there.
15
you went on bedrest?
17
his meetings with me had to be over Facetime or he had to come
19
He was still doing the same things, but maybe having more
21
there myself.
23
his fourth week?
25
Relations didn’t get an intern in that next rotation because we
27
department didn’t get an intern.
29
materials to me at home even though he was no longer assigned to
So Mr. Spencer still had a week left in Client Relations
I was still working.
The only
It’s not great
10
fabrics and sketches, and walk through job sites. But I was able
12
me from a client walk-through so it was like I was physically
14
Q.
16
A.
18
out to my house.
20
personal interactions with the clients because I couldn’t be
22
Q.
24
A.
26
were short one intern that summer, so in each rotation one
28
with Nick as my mentee, he continued bringing files and other
30
Client Relations.
Did Mr. Spencer’s intern responsibilities change at all when
Well, his intern experience changed a little bit because now
But his responsibilities didn’t really change.
Did Mr. Spencer move on from Client Relations at the end of
Yes, his next rotation was in Fabric and Furniture.
Client
But because I was still meeting
He didn’t seem to mind.
19
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1
Q.
Do you know whether he continued communicating directly with
3
A.
5
rotation, when Client Relations didn’t have an intern, so he must
7
Fabric and Furniture by that time. But he wasn’t responding to
9
and information requests along to me.
2
clients after you were no longer physically in the office?
4
Client Relations.
6
have still been picking up those phones even though he was in
8
those calls, as far as I know.
He certainly did that first week, because he was still in
He also funneled me some calls during his next
He was just passing the questions
10
Q.
What about Mr. Johansen?
11
A.
What about him?
12
Q.
Did Mr. Spencer continue to communicate directly with Mr.
13
Johansen?
14
A.
15
summer long.
16
may even be educational for Nick.
17
the time, I don’t know where he lives now – over near the school.
18
I know he could drop by the site on his way home, so I sometimes
19
had him deliver sketches, samples, etc., to Johansen for me.
20
They got along pretty well.
21
Q.
22
during the next rotation?
23
A.
24
just made sense to continue to send things with Nick.
25
was Nick’s mentor, so we were meeting for intern updates and
26
progress checks, anyway.
27
Q.
28
throughout the summer, even though he was no longer in Client
29
Relations?
30
A.
31
think it would be more accurate to say he was delivering
I’m pretty sure that Johansen copied Nick on his emails all
Like I said, it didn’t bother me, and I thought it
Also, Nick lives – or lived at
Did you start sending those samples with the next intern,
No.
The next intern didn’t live anywhere near CGBU, so it
Besides, I
So Mr. Spencer continued working directly with Mr. Johansen
I don’t know that I’d say he was working with Johansen.
20
I
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1
information and materials from the Studio and from me.
At least
3
and materials just from the Studio because I’d gone into early
5
7
It was about seven weeks before my due date, and I was terrified.
9
guy, and he pulled through.
2
until August 5, anyway.
After that he was delivering information
4
labor, and I went out on leave.
Q.
You went on leave on August 5?
6
A.
Yes.
8
Those first few weeks were kind of dicey, but he’s a tough little
Alex decided to come out early, and I went into labor.
10
Q.
I’m glad to hear that.
What happened with your projects and
12
A.
14
general partner would be the one to do that if I couldn’t, but he
16
manage a few things remotely, but our other partners pitched in
18
the office and get things organized.
20
so.
22
while you were gone?
24
associates, and he was available as a resource if anyone needed
26
11
the Client Relations department when you went on leave?
13
how we were going to delegate my responsibilities.
15
was of course with us at the hospital at first.
17
and kept things running smoothly until Stefan could get back into
19
after about a week and was back full-time within another week or
21
Q.
23
A.
25
anything.
Q.
What happened to Mr. Spencer when you went on leave?
27
A.
What do you mean?
28
Q.
Did he get another mentor?
29
A.
Oh.
30
about two weeks from ending, and it didn’t make sense to set him
31
up with someone new at that point.
Well, it was so early I hadn’t had a chance to think about
And Stefan as
He tried to
He went back part-time
Did anyone in particular step in to run Client Relations
No.
I think that Stefan divided my files among the
He continued his internship.
No, not officially.
At that point the internship was
21
Stefan gave him support, and
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1
Eric Flores stepped in as sort of a backup mentor because Eric
3
5
things.
7
around to try to finish out the rec center project.
9
2
had been working with all of the interns all summer, anyway.
Q.
Do you know what work Mr. Spencer did after you left?
4
A.
I really don’t, I’m sorry.
6
me.
8
Q.
When was the rec center supposed to be finished?
A.
The deadline was September 18.
I was occupied with other
I heard that he was an asset, and that didn’t surprise
But I don’t know what he did, except that I know he stuck
CGBU wanted it done as close
10
to the start of the school year as possible.
12
14
finished?
16
school.
18
Q.
20
22
employees?
24
they are shadowing is doing.
26
and not very educational.
When we took the
11
job the timing seemed perfect because my due date was September
22.
Of course things don’t always work out the way we plan.
13
Q.
Do you know whether Mr. Spencer stayed until the project was
15
A.
17
was at the grand opening.
19
you say that the company benefits from the interns being there?
A.
What do you mean?
21
Q.
Well, for example, do the interns ever do the work of actual
23
A.
25
standing there watching the employee work, which would be awkward
27
Q.
Do the interns clean up after the employees?
28
A.
I don’t understand your question.
29
Q.
For example, let’s say some employees are making project
30
boards for a client.
He didn’t.
Stefan told me Nick said he had to get back to
But he was there almost until the end, and I heard he
Okay.
Thinking about the intern program generally, would
I guess.
Sometimes they help with whatever the employee
Otherwise, they would just be
They cut fabrics and color swatches, and
22
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1
there’s a bunch of loose thread and pieces of fabric on the floor
3
A.
5
projects, especially if an employee has to run off to a client
7
2
when they’re done.
4
presentable.
6
meeting or something.
Q.
What about the kitchens?
8
A.
What about them?
9
Q.
Who cleans those?
10
A.
We have a cleaning crew that comes in at night.
11
Q.
And if there’s a mess in one of the kitchens during the day?
12
Who cleans those?
13
A.
14
you’re getting at.
15
Q.
16
kitchens during the day?
17
A.
18
it up.
19
Q.
Have you ever seen an intern cleaning a kitchen?
20
A.
Yes, of course.
22
[Remainder of direct examination redacted for this academic
21
23
Who’s responsible for cleaning that up?
Well, we’re all responsible for keeping the Studio clean and
It’s not unusual for interns to clean up from
I guess whoever makes the mess.
I don’t really know what
Are the interns responsible for cleaning the company
No more than anyone else.
Whoever makes a mess should clean
Whoever finds a mess should make sure it gets cleaned.
assignment]
23
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Filed: 11/18/2020
1
CROSS-EXAMINATION
3
Q.
5
A.
7
asked an intern to sweep a floor.
9
clean up after the production of any design boards?
Page 47 of 56
2
BY MR. JOHNS:
4
anything in the Studio?
6
but I’m sure that at some point in the past six years I have
8
Q.
10
A.
No.
11
Q.
Did Mr. Spencer ever complain to you that he’d been assigned
12
to clean floors?
13
A.
No.
14
Q.
Thank you. Nothing further.
16
REDIRECT
18
Q.
20
A.
22
with the design materials.
15
Ms. Constantine, have you ever asked an intern to sweep
Probably.
I can’t think of any time it happened right now,
Did you assign Mr. Spencer or any of his fellow interns to
I think I’d remember something like that.
17
BY MS. JAMESTON:
19
with any design materials?
21
sort of thing.
23
Q.
Do Client Relations employees make project boards?
24
A.
No.
25
Q.
As the manager of the Client Relations department, do you
26
know everything that happens in the other departments?
27
A.
No, that would be impossible.
28
Q.
Is it possible that other departments are using interns to
29
clean up after project boards and other messy work?
30
A.
31
messy because the threads get everywhere, and if you’re not
Ms. Constantine, does the client relations department work
No.
We route calls, shepherd projects, update files, that
We don’t design the projects, and we don’t work
It’s not just possible, it’s likely.
47
Project boards are
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Page 48 of 56
1
careful with the glue you can glue the stray threads down on the
3
we make sure the interns understand the importance of cleaning up
5
of studio design work.
7
from carpet is part of the educational experience of being an
9
A.
I think it is.
10
Q.
Did the intern offer letter say anything about this alleged
12
2
floor. That’s something you have to learn by experience, so yeah,
4
from these projects before the mess becomes permanent.
6
Q.
8
intern?
It’s part
Are you telling me that sweeping floors and removing glue
11
educational experience?
A.
I don’t think so, but I’d have to check.
13
Q.
What about the brochure that advertises the intern program?
14
A.
What about it?
15
Q.
Does it mention anything about cleaning floors?
16
A.
I haven’t looked at the brochure in a while, but I doubt it.
18
[Remainder of re-direct examination redacted for academic purposes]
17
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Doc 1
Filed: 11/02/2020
Page: 1 of 8
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTH-CENTRAL DISTRICT OF FLORIDA
CASE NO.:
NICHOLAS SPENCER,
Plaintiff,
JURY TRIAL DEMANDED
vs.
STUDIO CGB INTERIOR DESIGN, P.A.,
Defendant.
________________________________________/
COMPLAINT
Plaintiff, Nicholas Spencer, by and through his undersigned attorney, brings this
Complaint against Studio CGB Interior Design, P.A. (“Studio CGB”) for violating the Fair Labor
Standards Act, 29 U.S.C. § 201 et. seq. (“FLSA”), and alleges the following:
INTRODUCTION
1.
Plaintiff Spencer brings this action pursuant to the FLSA to recover unpaid minimum wage
compensation, unpaid overtime compensation, liquidated damages, and attorneys’ fees and
costs from Defendant Studio CGB.
JURISDICTION AND VENUE
2.
This Court has subject matter jurisdiction over this action pursuant to 29 U.S.C. § 216 and
28 U.S.C. § 1331.
3.
Venue is proper in the South-Central District of Florida pursuant to 28 U.S.C. § 1391(b)
because the events or omissions giving rise to the claims occurred or are occurring in this
District.
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THE PARTIES
4.
Plaintiff Spencer is a resident of Coral Gardens Bay, Florida.
5.
At all relevant times Plaintiff Spencer was employed by Studio CGB, he was a student at
Coral Gardens Bay University, studying interior design.
6.
Defendant Studio CGB is a Florida partnership, with its principal place of business in Coral
Gardens Bay, Florida.
7.
Defendant Studio CGB is an interior design partnership that provides both commercial and
residential design services in Coral Gardens Bay and nearby areas.
8.
At all relevant times, upon information and belief, Defendant Studio CGB was an
enterprise engaged in commerce or the production of goods for commerce within the
meaning of 29 U.S.C. § 203(s)(1)(A) because Defendant Studio CGB had an annual gross
volume of sales made or business done in excess of $500,000.00 and its employees are
engaged in commerce or the production of goods for commerce, or in handling, selling, or
otherwise working on goods or materials that have been moved in or produced for
commerce.
GENERAL ALLEGATIONS
9.
Through its promotional brochures and other means, Defendant Studio CGB aggressively
recruits college students to “join” the Studio CGB team through participation in its alleged
internship program.
10.
After an extensive interviewing process, on or about February 3, 2020, Defendant Studio
CGB issued letter offering Plaintiff Spencer an alleged internship.
11.
Pursuant to the offer letter, the term of Plaintiff Spencer’s alleged internship was from June
1, 2020, through August 21, 2020.
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12.
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In fact, because Defendant Studio CGB knew that Plaintiff Spencer believed successful
completion of the alleged internship was important to prepare him for a career in design
and increase his chances of future employment, Defendant Studio CGB pressured him to
extend his alleged internship through September 10, 2020, after his academic year had
begun.
13.
At all relevant times, Defendant Studio CGB purported to employ Plaintiff Spencer as an
unpaid intern, but the alleged internship was not similar to the training that Plaintiff
Spencer would have received in an educational environment.
14.
Specifically, during Plaintiff Spencer’s employment by Defendant Studio CGB, his
responsibilities included regular communication with clients, consultations with clients
regarding design choices, researching and recommending fabric and paint options, and
project management.
15.
In performing these tasks, Plaintiff Spencer received either minimal supervision from
Defendant Studio CGB or, in some cases, the same level of supervision as Defendant
Studio CGB’s regular workforce.
16.
At all relevant times, Plaintiff Spencer: (1) performed work that was directly essential to
the business operated by Defendant Studio CGB; (2) directly engaged in the operations of
Defendant Studio CGB; and (3) performed productive work for Defendant Studio CGB.
17.
To wit, Defendant Studio CGB depended on Plaintiff Spencer’s work for its daily
operations.
18.
Defendant Studio CGB has provided no monetary compensation to Plaintiff Spencer for his
work.
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19.
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During his employment, Plaintiff Spencer performed the work of regular employees of
Studio CGB. For example, Melissa Urban Constantine, a regular employee, was absent on
medical leave on or about June 19, 2020, and on family leave beginning on or about
August 5, 2020. After she began her leave, Plaintiff Spencer took over her regular work
duties.
20.
Thus, at all relevant times, Plaintiff Spencer displaced Defendant Studio CGB’s regular
paid employees. Had Plaintiff Spencer not been working for Defendant Studio CGB, it
would have had to hire someone or divert another employee to complete the tasks that
Plaintiff Spencer undertook in place of regular employees.
21.
Defendant Studio CGB derived an immediate benefit from Plaintiff Spencer’s activities on
its behalf, and Defendant Studio CGB’s activities were not impeded by Plaintiff Spencer’s
productive work.
22.
From June 1, 2020, through September 10, 2020, Plaintiff Spencer worked in his alleged
internship position approximately five days per week for at least forty (40) hours per week.
As alleged in detail below, many weeks Studio CGB’s mandatory COVID-19 testing
policies resulted in Plaintiff Spencer working in excess of forty (40) hours per week.
23.
At all relevant times, Defendant Studio CGB promoted its COVID-19 safety policies to
employees and clients because during the height of the pandemic in the summer of 2020,
many clients were unwilling to allow Studio CGB into their spaces without reassurance the
employees were COVID-free.
24.
Because of Defendant Studio CGB’s stated commitment to adhere to stringent COVID-19
safety protocols, Defendant Studio CGB required Plaintiff Spencer to undergo a rapid
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COVID-19 test twice a week and a PCR test once a week before being allowed to enter
Studio CGB’s offices.
25.
The twice weekly COVID testing required Plaintiff Spencer to wait in line at a COVID
testing site adjacent to the Studio CGB office and then wait for the results of the rapid test
before he could enter the office.
26.
Plaintiff Spencer was often required to wait a significant length of time for his COVID-19
rapid test results, requiring him to arrive at Defendant Studio CGB’s office as early as 7:00
a.m. twice a week on his designated testing days to complete the testing protocol next door
prior to his expected arrival time at the office.
27.
The twice weekly COVID-19 testing requirement was both integral and indispensable to
the principal activities that Defendant Studio CGB employed Plaintiff Spencer to perform.
28.
Defendant Studio CGB did not compensate Plaintiff Spencer for the time he spent waiting
to undergo the COVID-19 testing or for the time he spent waiting for his results.
29.
On October 14, 2020, Plaintiff Spencer served a presuit demand letter on Defendant Studio
CGB for his unpaid wages and overtime. Defendant Studio CGB rejected this demand.
30.
Plaintiff Spencer has fulfilled all conditions precedent to the institution of this action and/or
any such conditions have been waived.
31.
Plaintiff Spencer demands trial by jury for all claims.
32.
Plaintiff Spencer has retained the law firm of Samuels, Jameston & Ericson, LLP to
represent him in the action and agreed to pay that firm a reasonable attorney’s fee for its
services.
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FIRST CAUSE OF ACTION
VIOLATION OF THE MINIMUM WAGE PROVISION
OF THE FAIR LABOR STANDARDS ACT, 29 U.S.C. § 206
33.
Plaintiff Spencer hereby incorporates the allegations in paragraphs 1 through 32 above as if
fully set forth herein.
34.
Because, at all relevant times, Plaintiff Spencer was a non-exempt employee of Defendant
Studio CGB, which is an enterprise engaged in commerce or the production of goods for
commerce, Plaintiff Spencer is entitled to a minimum wage pursuant to 29 U.S.C. § 206 for
all the hours he worked as an employee of Defendant Studio CGB.
35.
Defendant Studio CGB’s failure to compensate Plaintiff Spencer at a rate of at least the
federal minimum wage for his hours worked constitutes a violation of 29 U.S.C. § 206, and
the related federal regulations.
36.
Defendant Studio CGB’s violation of the minimum wage requirements under the FLSA
was knowing and willful.
37.
As a direct and proximate result of Defendant Studio CGB’s disregard of the FLSA,
Plaintiff Spencer is entitled to recover his unpaid minimum wages and an additional equal
amount in liquidated damages, as well as his reasonable attorney’s fees, and the costs of
this action, pursuant to 29 U.S.C. § 216(b).
SECOND CAUSE OF ACTION
VIOLATION OF THE OVERTIME COMPENSATION PROVISION
OF THE FAIR LABOR STANDARDS ACT, 29 U.S.C. § 207
38.
Plaintiff Spencer hereby incorporates the allegations in paragraphs 1 through 32 above as if
fully set forth herein.
39.
Because, at all relevant times, Plaintiff Spencer was a non-exempt employee of Defendant
Studio CGB, which is an enterprise engaged in commerce or the production of goods for
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commerce, Plaintiff Spencer is entitled to overtime compensation pursuant to 29 U.S.C.
§ 207 for any hours he worked in excess of a forty-hour workweek as an employee of
Defendant Studio CGB.
40.
Defendant Studio CGB’s failure to compensate Plaintiff Spencer at least one and one-half
times of the regular hourly rate for any hours he worked in excess of a forty-hour
workweek constitutes a violation 29 U.S.C. § 207, and the related federal regulations.
41.
Defendant Studio CGB’s violation of the overtime compensation requirements under the
FLSA was knowing and willful.
42.
As a direct and proximate result of Defendant Studio CGB’s disregard of the FLSA,
Plaintiff Spencer is entitled to recover his unpaid overtime compensation and an additional
equal amount as liquidated damages, as well as his reasonable attorney’s fees, and the costs
of this action, pursuant to 29 U.S.C. § 216(b).
Note to LSV II Students: The remainder of the Complaint has been redacted for
purposes of this academic exercise. The entire Complaint might include other counts
and claims for relief not relevant to this dispute.
PRAYER FOR RELIEF
WHEREFORE, Plaintiff Nicholas Spencer respectfully requests that this Court enter
judgment in his favor and against Defendant Studio CGB Interior Design, Inc., and award
Plaintiff:
1) damages in the amount of the unpaid minimum wages and overtime owed Plaintiff under
the FLSA,
2) liquidated damages in an amount equal to the amount of unpaid minimum wages and
overtime owed Plaintiff under the FLSA,
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3) post-judgment interest, and reasonable attorney’s fees and costs,
4) and all such other relief as this Court finds just and proper.
Respectfully submitted,
November 2, 2020
_____________________________
Riley Jameston, Esq.
Florida Bar No. 643909
Samuels, Jameston & Ericson, LLP
191 Lakeside Road
Coral Gardens Bay, Florida 32321
(306) 555-3701
Attorney for Plaintiff Nicholas Spencer
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