The Complaint alleges that despite performing non-exempt work, TikTok improperly classified its Inside Sales Representatives as exempt and required them to work overtime to meet TikTok’s productivity standards/metrics.
SAN FRANCISCO, CA, November 14, 2024 /24-7PressRelease/ — On November 11, 2024, two former Client Solutions Managers filed an overtime lawsuit against ByteDance, Inc. d/b/a TikTok. (“Defendant”). The named plaintiffs assert individual claims and claims on behalf of other similarly situated Client Solutions Managers, and employees in other positions with similar titles and/or duties (collectively, “Inside Sales Representatives”). The Complaint alleges that despite performing non-exempt work, TikTok improperly classified its Inside Sales Representatives as exempt and required them to work overtime (over 40 hours per week) to complete their work and to meet TikTok’s productivity standards/metrics.
The plaintiffs brought the case as a putative collective action under the federal Fair Labor Standards Act (“FLSA”) seeking to recover unpaid overtime compensation, liquidated (double) damages, and other statutorily-permitted relief for themselves and others.
ByteDance, Inc. is the parent company of TikTok, which operates a short-form social media video hosting platform with over 7,000 U.S.-based employees.
The Plaintiffs’ attorney, Daniel S. Brome of Nichols Kaster, LLP, explained, “Companies like TikTok know that individuals performing inside sales work are generally entitled to overtime premiums, and know that demanding sales expectations and quotas pressure these employees to work long hours. We believe the Plaintiffs and other inside sales representatives should be fairly paid for their extensive overtime work.”
Plaintiffs’ counsel Austin Kaplan of the Kaplan Law Firm explained, “As a workers’ rights law firm in the tech hub of Austin, we stand up for workers when companies put profits over people. We stand ready to hold companies accountable for violating the rights of their sales teams.”
The Plaintiffs are represented by Daniel S. Brome and Matthew C. Helland from Nichols Kaster, LLP in San Francisco, California and Austin Kaplan and Andrew Eckhous of Kaplan Law Firm, PLLC in Austin, Texas. The case is Connell et al. v. ByteDance, Inc. d/b/a TikTok. Case No.: 5:24-cv-07859-NC (Northern District of California). Additional information about this case may be found at www.nka.com or by calling (612) 256-3275.
Nichols Kaster, PLLP, an employee, consumer, and civil rights firm has dedicated over 45 years to fighting for clients in individual and class action matters. With offices in Minneapolis, Minnesota and San Francisco, California, the firm is perfectly situated for the work it does representing plaintiffs in cases across the country. The firm has recently received a First Tier ranking on the 2025 Best Law Firms List in Minneapolis for Litigation-Labor and Employment by U.S. News-Best Lawyers® “Best Law Firms.”
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