From JDSupra, Richard Reibstein reports that the performing artists – dancers, models, actors and background talent — are suing a record labor alleging that they were misclassified as independent contractors. Richard writes:
Rapper DaBaby’s record label produces music videos using dancers, models, actors, and background talent. Billion Dollar Baby Entertainment LLC, which operates the record label, now faces a proposed class action lawsuit in California state court by a music video performer seeking to represent herself and others similarly situated for alleged wage and hour violations under the California Labor Code and Wage Orders due to their classification by the record label as independent contractors. According to the class action complaint in this case, the company casts the performing artists for music videos that the label produces and distributes. The complaint seeks lost wages for the record company’s alleged failure to pay overtime compensation and minimum wage as well as penalties for failure to provide uninterrupted meal and rest periods. The complaint claims that the company exercises substantial control over the performers’ work during production, including their breaks, contact with family and friends outside of production activities, their wardrobes, the times performers begin and stop performing, and movements to make on set including the specific manner in which the performers danced. Lien v. Billion Dollar Baby Entertainment LLC, case number not yet assigned (Super. Ct. Cal., County of Los Angeles Aug. 26, 2024).