anti-SLAPP, attorney Evan Stone, Attorney Jay Leiderman, Brittany Retzlaff, Bullyville.com, BV Files, BVFiles.Wordpress.com, James McGibney, Revenge Porn, Tom Sorley Rosendin Electric, US Dept of Labor, ViaView, Wage Theft
Good day, eh. Well today’s topic is all about how revenge pornographer and sexual blackmail artist James McGibney (who we don’t like) is GUILTY of violating federal employment laws by committing acts of WAGE THEFT through his claims of having volunteer employees working at his ViaView, Inc. company, which is a private, for-profit corporation.
SO NOW WE CAN CONFIRM THAT THE U.S. DEPARTMENT OF LABOR’S WAGE & HOUR ENFORCEMENT DIVISION HAS OPENED AN INVESTIGATION BECAUSE, UNDER FEDERAL AND STATE LAW, PRIVATE, FOR-PROFIT CORPORATIONS ARE ABSOLUTELY PROHIBITED FROM HAVING VOLUNTEER EMPLOYEES. THIS IS TOTALLY ILLEGAL – 100% VERIFIED!
Hey BV Files – Why did McGibney and his lawyer Ventura, CA attorney Jason (Jay) Leiderman make these claims even though they knew them to be false? you ask. Well they did it so they could try to force American Hero & Honorary Admin of the BV Files Thomas Retzlaff into playing their little SLAPP games when Leiderman and McGibney filed yet another bogus LOLsuit in San Jose, California, in which those two drug addicts tried to claim that Retzlaff’s daughter, Brittany, was a volunteer employee of ViaView.
By adding her name to their San Jose lawsuit, they were able to force Retzlaff to pay attention to them and incur great legal expenses in a case that he would have otherwise completely ignored. After all, what is the point in getting a restraining order against a person thousands of miles away when there is absolutely no ability whatsoever to enforce such a thing across state lines? The only point for this lawsuit was to SLAPP Retzlaff and to try to cause him problems.
A strategic lawsuit against public participation (SLAPP) is a lawsuit that is intended to censor, intimidate, and silence critics by burdening them with the cost of a legal defense until they abandon their criticism or opposition. Such lawsuits have been made illegal in many jurisdictions on the grounds that they impede freedom of speech.
The typical SLAPP plaintiff does not normally expect to win the lawsuit. The plaintiff’s goals are accomplished if the defendant succumbs to fear, intimidation, mounting legal costs or simple exhaustion and abandons the criticism. In some cases, repeated frivolous litigation against a defendant may raise the cost of directors and officers liability insurance for that party, interfering with an organization’s ability to operate. A SLAPP may also intimidate others from participating in the debate. A SLAPP is often preceded by a legal threat.
Wage theft is the illegal withholding of wages or the denial of benefits that are rightfully owed to an employee. Wage theft can be conducted through various means such as: failure to pay overtime, minimum wage violations, employee misclassification, illegal deductions in pay, working off the clock, or not being paid at all.
Economic Policy Institute reported in 2014 that survey evidence suggests wage theft costs US workers billions of dollars a year. The rights violated by wage theft have been guaranteed to workers in the United States in the 1938 Fair Labor Standards Act (FLSA).
In Los Angeles alone, low-wage workers lose $26.2 million in wage theft violations every week – making it the wage theft capital of the country.
Here in California we have two governmental agencies that are responsible for enforcing wage laws. They are the United States Department of Labor and the California Department of Industrial Relations Field Enforcement.
In October 2015, California Governor Jerry Brown signed SB 588, known as the “California Fair Day’s Pay Act.” This new law, which takes effect on January 1, 2016, aims to crack down on “wage theft” in California by giving the Labor Commissioner tough new enforcement rights against employers who steal employees’ wages.
The bill was sponsored by state Senator Kevin de León of Los Angeles. It would allow California’s labor commissioner to place a lien on the property of an employer cited for wage theft.
FUN FACT: Between 2011 and 2014, nearly 1,100 San Jose-based businesses were slapped with wage theft judgments, according to Santa Clara County Superior Court records – the highest of any county in California.
It would also help prevent cited employers from skipping out on paying penalties and back wages by requiring them to post a bond of at least $50,000 to continue doing business. It would also prohibit the company from closing down and re-opening with a different name.
As our long time readers will recall, in the San Jose LOLsuit McGibney and Leiderman claimed that Retzlaff’s daughter is a volunteer employee for ViaView all so they could add her to their workplace violence injunction request.
This is what they got during an ex parte hearing that was conducted in May 2014 for which Retzlaff was never given notice of, nor an opportunity to be heard at. This was a secret court proceeding conducted by Leiderman and McGibney.
And here is what Leiderman is claiming in the brief that they filed in the appeal of this case. CHECK IT OUT!
The problem with ALL of these claims made here is that neither Leiderman nor McGibney ever submitted any EVIDENCE to prove any of this stuff.
- NO DECLARATIONS WERE EVER SUBMITTED TO THE TRIAL COURT FROM BRITTANY.
- NO EMAILS TO OR FROM BRITTANY WERE EVER SUBMITTED.
- NO EVIDENCE WAS EVER SUBMITTED SHOWING THAT BRITTANY WAS OR IS A VOLUNTEER EMPLOYEE FOR VIAVIEW.
- NOTHING WAS EVER SUBMITTING SHOWING THAT BRITTANY EVEN WANTED A RESTRAINING ORDER TO BEGIN WITH OR WANTED TO BE A PART OF THIS CASE!
This is what Retzlaff had to say in his reply brief:
So what does the federal government have to say about this matter of the classification of volunteer employees? CHECK IT OUT!
Under the FLSA, employees may not volunteer services to for-profit private sector employers.
Wow – this seems pretty clear to us! What do you guys think?
Hey BV Files! So what’s the deal with the Federal Investigation, you ask? Misclassification of employees is illegal. Either one is an employee or they are not. You cannot classify someone as an Independent Contractor when you control the hours they work, or how they do their job, or in what manner they must do their job. That is what has gotten Uber ride sharing service in so much trouble lately. See http://www.wired.com/2015/09/uber-appeals-class-action-ruling-in-worker-misclassification-lawsuit/
Here Leiderman and McGibney are clearly breaking the law. Either Brittany is an employee or she is not. If she is an employee, as they claim, then where is her IRS Form W-2, her Form I-9, application for employment and all the other paperwork that one must have to document this?
Here is what Retzlaff filed with the California Sixth District Court of Appeal just last week. CHECK IT OUT:
And now for something completely different….
Clearly some people do not give two shits about TROs, court orders, or nonsense police threat hoaxes, right Piss boy? BETTER CALL THE ATF, PISS BOY!!
FUN FACT: The .300 Winchester Magnum is specifically designed for black and brown bears, and moose. Though it can probably be used on crazy, lunatic revenge pornographers, too (we hope!).
PRO TIP: As you can see, mounted on it is the Leupold VX-6 7-42x56mm scope which offers unparalleled accuracy and consistent hits out to 1,100 yards – seriously!
The McGibney Gang is always going on about how this person is broke and that person has no monies and this other guy lives in a time-share. But clearly the facts show otherwise (at least according to Some Random Person We’ve Never Heard Of Before).
Riding this bike looks like a lot of fun!
FUN FACT: The 2016 BMW R1200 GS Adventure, with the above shown Premium Options package, weighs in at just 573 lbs and gets around 54 MPG. With a 7.9 gal fuel tank, one can easily ride 400 miles before having to refuel. And in case anyone is curious, the distance from San Antonio, TX to Scottsdale, AZ is 1009 miles exactly.
How much does it cost? With this options package, just north of $21K – seriously. It has Anti-Stability Control & ABS braking, cruise control, GPS, and a computer controlled Dynamic Electronic Suspension Adjustment system. It also has an electrical heating system that allows you to use a special jacket and pants set that plugs into the bike like an electric blanket to keep you warm on cold days (in addition to heated hand grips!).
To read more about this amazing piece of German craftsmanship, click on the link below. While this describes the 2014 model, the 2016 model is unchanged.
If you are going to vote, who will you vote for?
Many thanks to the person who emailed this to us. This clearly should put to rest all those nasty claims and rumors from the McGibney Gang about supposed arrest warrants and super secret FBIs and such.
Some people just cannot be intimidated – and its a damn good thing!
We here at the BV Files cannot express just how proud we are of this fact! Mr. Dorrell is an amazing individual and an awesome attorney.
Mr. Dorrell is one of the finest legal minds in the State of Texas. He has argued cases many times before the Texas Supreme Court – and has yet to lose!
Who does James McGibney (who we don’t like) have representing him at the upcoming anti-SLAPP sanctions hearing in Fort Worth? Why this retard right here:
And to think that this drug addicted mental retarded person thinks he has what it takes to be a District Court judge in Texas! ha ha ha ha
He must be smoking some of the same crack that his ex-wife Julie McKendrick smokes!
We here at the BV Files wonder when McGibney will finally learn that some people just cannot be intimidated by him and do not give two shits about the police, threats of the police, restraining orders, or his stupid LOLsuits.
#GFY McGibney – seriously
Lastly, here is a special little surprise for American Hero & Honorary Admin of the BV Files Joseph (Jo Jo) Camp that he can use in fighting off a Florida LOLsuit that was filed against him by a member of the McGibney Gang. Use this for good, Jo Jo, and good luck! David v Textor — 2016 Fla.App. LEXIS 177, 41 Fla. L Weekly
SPECIAL UPDATE: 3-22-2016 at 0600 hrs GMT
Ace detective Philip Klein claims to have found missing man Patrick McDermott alive and well in Mexico living with a German girlfriend!!
Here is Klein at his desk, hard at working doing real important shit. CHECK IT OUT!
Then out of the mist of “smoke and mirrors” comes what can only be described as an original “Ass Clown,” hired by DATELINE to stir up a whole lot of TV funny “Stuff.” This clown from Texas states that he is “hot on the trail.” It was all TV horse shit! The big dummy from Texas sat at bars in Cabo and drank margaritas and ate tacos while he really worked on an expanding his pant size.
— John Nazarian
Of course what Klein totally fails to mention is that a man named John Nazarian came to this same “conclusion” wayyy back in 2006. You can read his article right here: http://desperateexes.com/2016/03/21/hes-still-alive/
Now do we at the BV Files believe that any of this is true, that McDermott is alive and well? Nah. It makes no sense. And if Judge Judy taught us anything its, if it does not make sense, it is probably not true.
It makes no sense to run off to Mexico to “hide” from ones debts when the guy, McDermott, hardly owed any money at all to begin with! It is claimed that he owed like $8,000 in child support, which is small potatoes, and that he owed $30,000 for which he was going to file bankruptcy for. So if he was already going to file for bankruptcy for the $30K, why go to the trouble to fake a disappearance when it can easily be wiped away via Chapter 7?
Just ask James McGibney (who we don’t like) how easy it is to hide from ones debt via Chapter 7 – he’s done it twice already!!
Klein and this other guy seem to think that “running off to Mexico” is some kind of magical panacea for ones life. But if McDermott was truly broke to begin with, then how was he going to start his life over again in Mexico?
Does it not cost money to live in Mexico? Won’t he need a job there?
If jobs were so plentiful and so well-paying in Mexico, then why do all the damn Mexicans end up here in America hanging out in parking lots at Home Depot?!?
But whatever. Either way, Klein is a fraud for taking this other man’s work and claiming it as his own.