Many of you may already know Streamate since you’re here reading about this case. For those who have no idea yet, it is actually an online platform where a lot of live webcam video streams are going on at all hours, and yes, these are adult live streams by nature. But right now, we’re seeing actually a different thing with this Streamate Lawsuit, where the streamers, aka the people who work on this platform, are now taking the company itself to court because they’re pretty much saying that Streamate has violated their employee rights. So let’s get to know the real and full matter here.
How Did the Streamate Lawsuit Start?
The suit is brought against an adult live streaming platform by the webcam performers who used to work on Streamate. It is one of the most popular adult live-streaming sites with a massive monthly user base. The performers are alleging the company didn’t compensate them fully for all the hours they worked. They say they were online for long hours, but the company only paid them for a fraction of that time.
Streamate considered these performers as independent contractors. Hence, the company did not pay them minimum wages or cover work-related expenses. On the other hand, the performers contended that Streamate controlled essential elements of their work, which made them more employees than contractors. Such allegations led to a class action suit being initiated on July 13, 2023, in a federal court in New Jersey.
The primary purpose of the lawsuit is to get back the performers’ wages through the court and to have the court confirm that the performers are employees with the right to the protections of the law.
What Are the Main Complaints From Performers?
The performers raised a number of complaints in the lawsuit.
Initially, they argued that they were not compensated for their time in “free chat.” This refers to the time that performers spend with viewers chatting and trying to engage them before finally taking them into paid sessions. The performers claimed that such was still working time and thus they ought to have been paid for it.
Another concern that was raised was about tips. Some of the performers alleged that the amount of tips they received from the users was not the full amount as some had been taken away. In fact, according to employee wage laws, employers are normally not permitted to retain any part of worker tips.
The third issue is that since they were designated as contractors, the performers had to bear the cost of their own equipment and internet connection. Besides, some members of the cast also charged the platform with insufficient support and protection, more so, with respect to privacy and safety issues.
Who Is Representing the Performers?
The matter is in the hands of 2 attorneys from a law firm in New Jersey. They said that the suit is designed to be a class action lawsuit on behalf of all performers who were subjected to similar conditions on the platform.
The lawyers further referred to analogous cases in other sectors of the economy where workers, after being successfully reclassified as employees, recovered their unpaid wages. To them, the companies misclassifying workers ought to be held responsible.
What Has the Court Decided So Far?
The case was examined by a federal judge who allowed it to proceed as a collective action under the Fair Labor Standards Act (FLSA). Consequently, other qualifying performers from New Jersey are now able to join the suit.
The judge determined that there was sufficient evidence backing the allegations at this point. Hence, the performers have not won the case yet, but it is a significant step forward and it makes their position stronger.
