Working in a non-traditional job or industry can be exciting. Rather than sitting at a desk and working the typical eight-hour work day, people who work in certain positions can have a more flexible schedule and opportunities that they would not enjoy in another field. However, there are some unique challenges that can arise in these environments.
One challenge that employers can come up against in regards to non-traditional positions involves wage and hour laws. Jobs that do not require workers to clock in and out or work from 9:00 to 5:00 are still covered by state and federal laws and workers are protected from retaliatory actions if they file a complaint about wage violations; however, there can be considerable confusion if work schedules and payment structures are inconsistent.
Recently, three former bodyguards who worked for rapper Snoop Dogg filed a lawsuit citing unpaid overtime and violations of the labor code. The three men say that they were not properly compensated for the hours they worked and that they were wrongfully fired after filing complaints.
The men were paid $300 per day when the rapper was on tour and $25 per hour during other times. However, they say that they did not receive overtime compensation when they worked longer than eight hours and were not given breaks on several occasions. When they complained to the rapper about these violations, they were fired.
It is unknown if the parties had an employment contract in place that addressed unconventional compensation structures and working conditions. It is also unknown if the bodyguards have sufficient proof that they did, in fact, work overtime without being properly compensated. According to their lawsuit, the men’s employer did not keep any such records which could make the situation that much more complicated. It will be interesting to see if this case goes to trial, is settled out of court or is ultimately dropped.
It can be critical for employers to understand what steps they must take to avoid accusations of wage violations, especially when it comes to non-traditional jobs and complicated compensation structures. Employers should speak with an attorney so that they can be sure their practices are lawful in order to minimize or avoid legal action.
Source: Courthouse News Service, “Snoop Dog’s Bodyguards Sue Him for $3 Million,” Matt Reynolds