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TikTok Faces Collective Action Lawsuit Over Alleged Overtime Pay Violations

Curated News for the HR Professional November 14, 2024
By HRMarketer News Staff
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TikTok Faces Collective Action Lawsuit Over Alleged Overtime Pay Violations

Summary

Two former Client Solutions Managers have filed a collective action lawsuit against ByteDance, Inc., TikTok's parent company, alleging violations of the Fair Labor Standards Act by misclassifying Inside Sales Representatives as exempt employees, thus denying them overtime pay.

Full Article

The tech industry is under scrutiny as a collective action lawsuit against ByteDance, Inc., the parent company of TikTok, brings to light alleged violations of the Fair Labor Standards Act (FLSA). Filed in the Northern District of California, the lawsuit accuses TikTok of improperly classifying its Inside Sales Representatives as exempt employees, thereby denying them overtime pay for hours worked beyond the standard 40-hour workweek. This case, spearheaded by two former Client Solutions Managers, could have significant implications for labor rights within the tech sector.

The plaintiffs argue that TikTok's Inside Sales Representatives were required to work overtime to meet the company's productivity standards without receiving the appropriate compensation. This practice, if proven, would contravene federal labor laws designed to protect workers from being exploited. With ByteDance employing over 7,000 individuals in the U.S., the outcome of this lawsuit could prompt a reevaluation of employee classification and compensation structures across the tech industry.

Legal representatives for the plaintiffs, including Daniel S. Brome of Nichols Kaster, LLP and Austin Kaplan of the Kaplan Law Firm, have emphasized the importance of adhering to fair labor practices. The lawsuit not only seeks to recover unpaid overtime and damages but also aims to hold TikTok accountable for its labor practices. As the case unfolds, it is expected to shed light on the broader issues of worker classification and rights in the rapidly evolving tech industry.

This legal action arrives at a critical juncture, as the tech sector faces increasing scrutiny over its labor practices. The resolution of Connell et al. v. ByteDance, Inc. could set a precedent for how tech companies compensate their sales teams, potentially influencing labor standards across the industry. With the case drawing attention from labor rights advocates and industry observers alike, its outcome may have far-reaching consequences for employee rights in the digital age.

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