Live Nation Misclassified Sales Reps To Get Out of Overtime Pay, Says Class Action

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Live Nation Overtime Pay Class Action Lawsuit Overview: 

• Who: Three sales reps lodged a class action lawsuit against Live Nation Worldwide Inc. 
• Why: The plaintiffs allege Live Nation intentionally misclassified its sales reps as exempt from overtime pay in order to get out of paying overtime. 
• Where: The class action lawsuit was filed in California federal court. 

Live Nation misclassified its sales reps as exempt in order to shirk overtime pay and also failed to keep proper records, a new class action lawsuit alleges. 

Lead plaintiffs Anil Gupta, Colin Gharrity, and Morgan Katz, all former sales reps with the company, claim Live Nation consistently required them to work more than 40 hour weeks without paying them overtime. 

Gupta, Gharrity, and Katz want to represent a Class of current and former Live Nation sales representatives who did not receive overtime pay from the company despite working more than 40 hours in a week. 

Live Nation Shorted Overtime Pay, Failed to Keep Records

Gupta, Gharrity, and Katz are all former Live Nation employees who sold premium seating for the company, according to the class action lawsuit. 

Plaintiffs claim Live Nation is required by the Fair Labor Standards Act (FLSA) to pay employees that work more than 40 hours a week overtime wages.

“As part of its regular business practice, Live Nation intentionally, willfully, and repeatedly engaged in a uniform pattern, practice, and/or policy of violating the FLSA,” states the class action lawsuit. 

Sales representatives should be paid one-half times their regular rate of pay for any overtime hours they work beyond a normal 40-hour workweek, the class action lawsuit alleges. 

Gupta, Gharrity, and Katz claim the company also failed to keep accurate payroll records for its sales reps, including their wages and hours worked.

“Because of Live Nation’s misclassification, Live Nation did not maintain any system to track and record Plaintiffs and other Reps’ actual time worked each day during their terms of employment,” states the class action lawsuit. 

Plaintiffs are demanding a jury trial and seeking relief in the form of unpaid wages, including all overtime compensation, for themselves and all Class Members. 

Live Nation previously had a class action lawsuit filed against it in 2016 for allegedly advertising concert tickets at a lower price than what they were actually selling them for. 

Have you worked as a sales representative for Live Nation and feel the company withheld overtime pay?  Let us know in the comments! 

The plaintiffs are represented by Laura L. Ho and Ginger L. Grimes of Goldstein, Borgen, Dardarian & Ho, and Helen U. Kim and Frank H. Kim of Helen Kim Law, APC. 

The Live Nation Overtime Pay Class Action Lawsuit is Gupta, et al. v. Live Nation Worldwide Inc., et al., Case No. 2:21-cv-07081, in the U.S. District Court for the Central District of California.

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