Companies covered by the Fair Labor Standards Act are legally required to pay non-exempt employees time and one-half of the employee’s rate of pay for overtime hours worked. A former Spotify employee is filing a class-action lawsuit against Spotify for its failure to pay overtime and failure to provide him with the benefits that non-exempt Spotify employees generally receive.
The employee, who worked with the music streaming service from 2016 to 2018, contended the company misclassified him as an independent contractor, which prevented him from getting overtime pay for the hours he worked in excess of 40 hours per workweek. He also alleged he was not allowed to take breaks normally given to Spotify employees and said he paid for his own streaming services and cellular data services, which should have been covered by Spotify.
Under the FLSA, employees are classified as exempt or non-exempt employees. Employees paid on an hourly basis may be classified as non-exempt and will be entitled to overtime pay for any hours worked over 40 hours. Salaried employees that meet certain criteria are generally classified as exempt, and therefore, their employers are not required to pay them for overtime hours. Independent contractors are also exempt from overtime, as they are not considered employees. However, some employers misclassify their non-exempt employees as independent contractors or exempt to avoid paying them overtime.
If you have been misclassified by your employer, you may be entitled to compensation for unpaid wages and liquidated damages. An employment law attorney in California can help you file a claim against your employer for violating federal or state laws and give you the best chance possible to recover damages.