Lady Gaga has suffered a setback in court against her former assistant.

The 27-year-old singer wanted her ex-employee Jennifer O’Neill to be unable to claim for being on call “every hour of every day.”

However the pop star, whose real name is Stefani Germanotta, was unable to get that part of the lawsuit shut down on Tuesday, reports the New York Daily News.

The case against Gaga was filed in 2011 and the eccentric personality is being sued for $380,000.

But earlier this year she asked Manhattan Federal Court Judge Paul Gardephe to throw out Jennifer’s statement that she was owed funds for constantly having to be available, and not having the opportunity to take care of her own personal business.

Gaga insists the deal was the opposite; instead she just had to keep a mobile phone on her at all times.

The judge reportedly ruled that on-call time could actually be classed as working and now a jury will decide how much private time Jennifer was or wasn’t granted while working for the musician.

Gaga has been counting down to the release of her new album ARTPOP, and asked her fans nicknamed Little Monsters to vote on Twitter and Facebook on what they would like to hear hit the airwaves after Applause.

"OK MONSTERS! Now that you've seen some of ARTPOP Live, what would be YOUR pick for 2nd Single?" she wrote after previewing the album at London’s iTunes Festival last weekend.

She performed seven tracks from the album, including a debut of Jewels & Drugs, which features the singer rapping for the first time alongside Twista, Too $hort and T.I.

The performance marked Gaga's first full live set since she underwent hip surgery in February to treat a labral tear.