An assistant editor for The Hollywood Reporter’s website, THR.com, has sued the news outlet for purposely classifying certain employees as “freelancers” in an attempt to deny them certain wages and benefits. David Simpson filed a class action lawsuit against the publication’s parent company Prometheus Global Media on September 27, alleging that “freelancers” were deemed independent contractors purposefully to deny them the wage and hour rights of full-time employees.
Simpson, a designated freelancer for THR, claimed that he performed duties that were “indistinguishable” from full-time employees, including working in the office from 9 a.m. to 5 p.m. on weekdays, attending mandatory meetings, reporting to the same managers, and being subject to the same disciplines as full-time workers. According to the lawsuit, though their duties were the same, freelancers for THR were denied full-time wages, benefits or protections because they were labeled by the company as independent contractors.
Simpson also alleges in the lawsuit that freelancers were often required to work overtime but were not entitled to overtime wages, meal breaks, reimbursements for business expenses or were paid in a timely matter.
The suit claims that THR denies freelance employees “the wage and hour rights and protections of employees under the California Labor Code and applicable Wage Order.”
According to California law, an employee’s job duties and responsibilities determine if they qualify for overtime pay, not their job title or salary status. Our California unpaid wages attorneys can help you determine if you are entitled to pay that has been denied.
Contact our Los Angeles wage dispute attorneys if you are being denied overtime or proper payment. We can help determine your employer’s violations and get the compensation you deserve.
Kesluk, Silverstein & Jacob– Los Angeles employment attorneys