TikTok Sued for Failing to pay Employees for Overtime

Overtime laws such as the Fair Labor Standards Act were written protect an employees’ time if they worked over 40 hours weekly. However, some employers may attempt to skirt around the law to save on a few dollars. In that instance, the company may have to be compelled to pay the employee what they are owed.  

TikTok has been sued by two former employees who allege that the popular social media company refused to pay them for several hours of overtime they performed weekly. The lawsuit claims there are current and former sales employees who were denied wages by TikTok.  

One of the employees was told by two of his managers that he was required to work overtime for his sales position. He was allegedly told by the managers that he was “required” and that was “the expectation” for his position. The employee worked on average for about 12 hours of overtime every week without overtime pay for two years until he quite in November 2023.  

The lawsuit accuses TikTok of knowingly refusing to pay its sales employees overtime by wrongly classifying the two sales representatives as exempt from overtime pay. One sales representative estimated he worked 65 or more hours in a week. The other employee claims she worked overtime on weekends either in the office or remotely from home. She even worked during her lunch breaks. The lawsuit seeks to recover unpaid back wages for the former employees. 

What Pay Standards are Employees Entitled to? 

Under the Fair Labor Standards Act (FLSA), if employees work more than 40 hours weekly, their employers have to pay them “at a rate not less than time and one-half their regular rates of pay.” Employers must keep accurate and truthful records of wages, hours work, and other information pertaining to the rate of pay.  

There are some employees who do not have to be paid overtime under the FLSA. These employees include:  

• Executive, administrative, professional or outside sales employees paid on a salary basis. 

• Sales employees of retail or service establishments that work on commission; 

• Computer professionals earning at least $27.60 per hour; 

• Seasonal or recreational establishments; 

• Salesmen, partsmen, or mechanics of car dealerships; 

• Drivers, driver’s helpers, loaders or mechanics; or 

• Farmworkers; 

If an employer misclassifies an employee to avoid the FLSA, they would be violating the FLSA and potentially laws against fraud if the records were to be produced under penalty of perjury. If an employee is stealing from the company, no one would second-guess the employer if they decided to call the police and have them arrested for theft. An employer who steals an employee’s time may not be arrested, but they should still be held accountable and the employee compensated.  

Do I Need an Employment Lawyer? 

If you believe that your employer has violated your legal rights as a worker, you should hire a local employment lawyer for further assistance. A skilled employment law attorney can help protect your interests and defend your rights under the law. Your attorney can also assist you in filing a lawsuit against an employer and/or colleague and in recovering damages for any losses that you suffered.