Personal managers took it on the chin Tuesday in U.S. District Court when Judge Dean Pregerson wouldn’t touch California’s Talent Agencies Act. Instead the judge threw out an outrageously broad lawsuit filed by the National Conference of Personal Managers seeking to overturn the state’s ban on managers “procuring” employment. That provision has effectively allowed clients to void their management contracts and not pay commissions even if the managers obtained a job for them. (Managers are unlicensed whereas talent agents must be licensed by the state to procure employment.) Pregerson rejected the managers’ claim that California has created “involuntary servitude” for them. “Not being compensated for work performed does not inevitably make that work involuntary servitude,” the judge ruled. “Plaintiff’s members have choices.” He also rejected claims that the Talent Agencies Act violated the Commerce Clause, the Contracts Clause and the First Amendment.
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