Spotify Faces Misclassification Lawsuit From Former Employee

Matthew Elias was employed by Spotify for approximately two years. He alleges that approximately one year into the employment he was reclassified as an independent contractor without changing his role, title, or compensation. He claims that Spotify “intentionally misclassified him and other employees,” as independent contractors and, as a result of this, “failed to pay them all wages owed.”

Elias brought his complaints about Spotify to them in a class action lawsuit. Spotify was served with the Summons and Complaint on February 1. Spotify filed a Notice of Removal on February 26 to move the case from the California Supreme Court to the Northern District of California. Spotify is represented by Orrick, Herrington & Sutcliffe.

“These off-the-clock waiting periods exist for the sole benefit of Defendants and occurred frequently and regularly at Defendants’ locations in California. This illegal practice has been in effect by Defendants for years, but Defendants continue to require their nonexempt employees to endure these off-the-clock working periods,” the complaint reads.

In addition to the alleged failure to pay minimum wage and overtime because of this reclassification, the complaint also cites failure to provide meal periods and rest breaks, failure to provide accurate wage statements, failure to reimburse business expenses, failure to pay all wages owed after separation, and failure to abide by California’s Unfair Competition Law.

The class action case includes any current or former employees who worked in the time period beginning four years before the filing of the complaint, nonexempt employees and those who worked as independent contractors. “The size of the Classes makes a class action both necessary and efficient. On information and belief, the proposed Classes include hundreds of current and former employees, misclassified or not, at Defendants’ locations in California,” the complaint states. The Defendant’s Notice of Removal said this includes approximately 187 employees.