TikTok Inside Sales Representatives
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 all of 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.
Our firm has partnered with Kaplan Law Firm, PLLC in Austin, Texas, in representing the plaintiff. For more information about the firm, please visit: https://www.kaplanlawatx.com/.
The case is titled Connell et al. v. ByteDance, Inc. d/b/a TikTok, Court File No. 5:24-cv-07859 (Northern District of California).
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Is This a Class Action? What Does that Mean?
This case is a collective action under federal law. The idea behind a collective action is that it allows one or more people to sue on behalf of themselves and other people who have similar claims. To proceed as a group, though, the Court must determine whether other inside sales representatives are similarly situated. Because we are in the early stages of the case, this has not happened yet, but we intend to seek the company’s agreement or file a motion at the appropriate time asking the Court to make these rulings.
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Am I Eligible?
You may be eligible to make a claim in this case for unpaid overtime compensation for hours worked over 40 in a workweek if you worked for TikTok as an Inside Sales Representative (including as a Business Development Manager, Agency Development Manager, Client Solutions Manager, Agency Partnerships Manager, or Brand Partnerships Manager) at any time within the last three years. To make a claim under federal law, you must submit a consent form.
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Which Locations Are Included?
This case seeks to include all Inside Sales Representatives who work or have worked for TikTok anywhere in the United States within the past three years.
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How Do I Join This Case?
To make a claim in this case for any unpaid overtime under the FLSA, the federal law, you must complete a consent form and return it to our office. You can sign up electronically by clicking here.
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What Time Frame Does This Case Cover?
The claim has what is called a statute of limitations, which allows workers to recover unpaid overtime wages within specific time periods. Under federal law, the statute of limitation is two years back from when the worker signs up to join the lawsuit by completing and returning the written consent form referenced above. If we can prove that Defendant willfully violated the law, then the statute of limitations may be extended to three years.
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Do I Have to Pay Anything?
You do not have to pay anything if you join the lawsuit. We are handling this case on a contingency fee basis. This means we will only be paid if the lawsuit is successful in obtaining relief either through a settlement, award, or a final judgment, and that payment will only come out of that settlement, award, or final judgment.
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How Do I Prove I Worked Overtime?
If you have records of the hours you worked, please preserve and keep them until we ask you for them. However, you do not need to have records of your work hours to make a claim for your overtime pay in this case. If TikTok did not keep accurate time records, most courts will permit you to make a good-faith estimate of your work hours. Through this lawsuit, we will seek any records the company may have of your hours worked as well.
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What About Retaliation?
It is against the law for an employer to retaliate against a person for joining a lawsuit to reclaim unpaid wages. If you currently work for ByteDance/TikTok and you believe you may be the victim of retaliation for joining or participating in this lawsuit, contact the case clerk, Theo Hoyer, at (612) 256-3275 or thoyer@nka.com immediately.
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How Long Will This Case Take?
The length of this kind of lawsuit varies from case to case, but they typically last one to three years.
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Is There Money Available Now?
No. This is a pending lawsuit. There is no money currently available and there is no guarantee that you will receive money for joining the lawsuit.
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How Can I Help?
If you know any Inside Sales Representatives interested in making a claim for unpaid overtime, please direct them to this website to fill out a Consent Form. They may also contact the case clerk, Theo Hoyer, at (612) 256-3275 or thoyer@nka.com to sign up.
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How Do I Learn More?
To learn more about this case, feel free to contact the case clerk, Theo Hoyer, at (612) 256-3275 or thoyer@nka.com.
A member of our team will be in touch shortly to confirm your contact details or address questions you may have.