A judge has agreed to decide whether overtime claims should be part of a lawsuit that alleges actor Tom Sizemore (search) harassed and sexually battered his former personal assistant.

Superior Court Judge Gregory Alarcon said Thursday he'll rule later on whether Paulina Briones (search) can claim that Sizemore failed to pay her overtime. Sizemore's side argues the job was exempt from laws governing overtime and the claim should be dropped from the lawsuit.

The lawsuit's major claim is that the co-star of "Black Hawk Down" and "Saving Private Ryan" repeatedly propositioned Briones for sex and that he once tried to force her to perform a sex act.

Sizemore, 42, was convicted in August of six misdemeanor counts of harassing, annoying and physically abusing his former girlfriend, ex-Hollywood madam Heidi Fleiss (search). He was given a six-month jail term but the sentence was stayed while he completed a live-in program at a drug treatment center.