Apple, Amazon class actions overview:
- Who: Plaintiff Daniel Ferguson filed class action lawsuits against Apple Video Programming LLC, Apple Studios LLC, Amazon Studios LLC, Big Indie Pictures Inc. and others.
- Why: The defendants allegedly failed to pay accurate background actors wages for their work on Apple TV and Amazon shows.
- Where: The Amazon and Apple class actions were filed in California Superior Court.
A former actor says Apple TV and Amazon Studios LLC violated California labor laws by failing to pay background actors’ full wages, including overtime pay and meal breaks.
Daniel Ferguson filed the Amazon and Apple class actions May 3 in California Superior Court and claims he did not receive all of the background actors wages he was entitled to for his work on “Daisy Jones and the Six” and “Palm Royale.”
In addition to unpaid overtime allegations, Ferguson says the companies also denied proper meal or rest periods, accurate wage statements, reimbursements for work-related expenses and timely pay upon termination in violation of California labor laws.
Background actors not reimbursed for expenses, given rest, meal breaks, class actions claim
California law requires companies to include all forms of pay and benefits when calculating a worker’s overtime pay rate, the Apple and Amazon class actions explain. Ferguson says he was a non-exempt employee who earned a nondiscretionary bonus of $14 per hour for work on “Palm Royale.” However, Apple allegedly failed to factor this nondiscretionary bonus into his overtime pay rate.
While working on “Daisy Jones and the Six,” Ferguson alleges Amazon and Big Indie required him to work four consecutive hours without legally required rest and meal breaks.
Background actors also reportedly paid significant out-of-pocket cell phone expenses for their work with Apple and Amazon but neither company reimbursed them for their costs, according to the class action lawsuits.
Ferguson seeks to represent classes of current and former hourly workers for Apple and Amazon in California who did not receive their full background actors wages, proper meal and rest breaks, reimbursements for work-related expenses and their full wages upon termination.
More than 100 background actors may qualify as class members in the Apple and Amazon class actions, Ferguson alleges.
Apple and Amazon recently faced a class action lawsuit alleging they work together to reduce competition from third-party merchants selling Apple products.
What do you think about the allegations in the Apple and Amazon class actions? Join the discussion in the comments.
Ferguson is represented by Frank H. Kim of Kim Legal APC.
The Amazon and Apple class actions are Ferguson v. Apple Video Programming, Case No. 24STCV11206, and Ferguson v. Big Indie Pictures Inc., et al., Case No. 24STCV11214, in the Los Angeles County Superior Court of the State of California.
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