Misclassifying Artists: Hip-Hop Label Faces Lawsuit Over Pay Discrepancies

According to a proposed class action lawsuit filed in California state court, rapper DaBaby’s hip-hop label was allegedly misclassifying its performers as independent contractors to evade paying them overtime and minimum wages. The lawsuit further accuses the label of imposing strict restrictions on their meal and bathroom breaks.

Recently, a lawsuit was filed against Billion Dollar Baby Entertainment LLC, alleging that the record label breached California Labor Code and wage laws. The suit claims the label mandated that backup dancers, singers, models, and other background performers work over eight hours daily while paying them a flat rate of $150.

Plaintiff reported that during a recording session in September 2021, staff threatened her with the loss of her entire day’s pay if she attempted to leave after already working for eight hours. She claimed that when she asked to call home and inform her family she’d be later than expected, a production assistant suddenly took her phone away upon hearing her speak Mandarin.

The level of control the company exercised over the plaintiff and other background performers suggests they should have been classified as employees, not independent contractors. The plaintiff alleged that breaks during the video shoots were unpredictable, with no clear notice of when performers would need to return to work. According to the complaint, the production team even controlled when the plaintiff and others could use the restroom, forcing them to sneak away just to take a bathroom break or a drink of water. Additionally, the workers were allegedly forced to work 12-hour shifts with just one meal break.

The plaintiff claimed that she and other workers received only $150 for an entire day’s work, which amounted to an hourly rate of approximately $13.63. This pay was below the state-mandated minimum wage of $15 per hour and did not meet the requirement of $22.50 per hour for overtime in 2021, as outlined in the lawsuit.

The plaintiff is looking to represent a group of over 500 background performers who have been involved in the filming or production of any Billion Dollar Baby music videos in California.

Unfortunately, this kind of treatment is all too common in the entertainment industry, where workers are often misclassified and underpaid. If you believe you are not receiving the compensation you earned, consult with an attorney at Fitapelli & Schaffer today.