We have all seen the trend. You are scrolling through TikTok or Instagram Reels, and suddenly you see an employee at a local coffee shop, a dental hygienist, or a retail worker dancing to a trending song or pointing at text bubbles in the air. Sometimes it looks fun. Other times, the employee looks like they would rather be anywhere else on the planet.
This explosion of corporate social media content has led to a very common, and very serious, question in the workplace: If my boss hands me an iPhone and tells me to start filming to get more customers, do I have to do it for free?
The short answer is absolutely not.
If you are working in California, your employer cannot force you to film social media videos to generate business without paying you. It is a violation of labor laws to demand unpaid labor, regardless of whether that labor involves sweeping floors, filing paperwork, or learning a choreographed dance for the company TikTok account.
Work is Work, Even on a Smartphone
There is a misconception among some business owners that social media isn’t “real” work. Because we use these apps for fun in our downtime, some employers treat content creation as a casual favor or a “team-building” activity rather than a job duty.
However, California labor law is very clear on this subject. The definition of “hours worked” includes the time during which an employee is subject to the control of an employer. If your boss tells you to do something for the benefit of the business, that is work.
When an employer asks you to film videos, edit clips, write captions, or even appear on camera to promote their products and services, they are asking you to perform marketing duties. If you are an hourly employee, every minute you spend setting up a ring light, memorizing a script, or doing multiple takes is time that must be recorded and paid at your regular rate of pay.
The “Off the Clock” Trap
A frequent issue we see arises when employers expect this content creation to happen in the margins of the workday. You might hear requests like, “Just grab a quick video during your lunch break,” or “Can you edit this at home tonight and post it tomorrow morning?”
This is where things get legally dangerous for employers. If you are an hourly worker, working through your lunch break to film content is a wage and hour violation. Your lunch break is your own time, unpaid and duty-free. If you are filming, you are working, and you must be paid.
Similarly, asking you to edit videos at home on your personal device is a request for off-the-clock work. Just because the work is digital and can be done from a couch doesn’t mean it is free. If your employer knows or should know that you are working, they must compensate you for that time. Furthermore, if you are using your personal phone and data plan to upload these large video files, California law generally requires your employer to reimburse you for the business use of your personal assets.
Can They Fire Me for Refusing?
This is the question that makes most employees nervous. California is an “at-will” employment state, which generally means an employer can fire you for any reason or no reason at all, provided the reason isn’t illegal (like discrimination based on race, gender, or religion).
Technically, an employer can make social media participation a part of your job description. If they hire you with the explicit understanding that 20% of your day will be spent creating content, and they pay you for that time, they are within their rights to expect you to do it. If you refuse to do a paid task that is part of your job duties, that could be grounds for termination.
However, the scenario changes completely if they are demanding you do this for free, or if the request violates your rights in other ways. They cannot fire you for refusing to work off the clock. They cannot fire you for demanding to be paid for the hours you spent filming. Retaliation against an employee for asserting their right to be paid is illegal.
If you feel you are being targeted because you asked to be compensated for social media work, it might be time to speak with a lawyer in San Diego CA who understands employment law and workers’ rights.
Privacy and Your Likeness
Beyond the issue of pay, there is the issue of privacy. Not everyone wants their face splashed across the internet to promote a car wash or a law firm. Some employees have valid safety concerns about being public figures, while others simply value their privacy.
While an employer can generally set job duties, forcing an employee to use their personal social media accounts to promote the business is a different story. Your personal Instagram or TikTok is your property. An employer generally cannot mandate that you post company content on your personal feed.
If you are uncomfortable with how your image is being used, or if you feel coerced into performing on camera without pay, you need to know where you stand.
What Should You Do?
If you find yourself holding a camera and wondering where your paycheck is, here are a few steps to consider:
- Track Your Time: If you are asked to film, edit, or post, write down exactly when you started and when you stopped. Keep a personal log of all social media work.
- Check Your Paystub: Ensure that the hours you logged for content creation are reflected in your paycheck.
- Communicate in Writing: If your boss asks you to do this work “off the clock,” send an email or text clarifying the request. For example: “I’m happy to edit that video. Since it will take about an hour tonight, should I add that hour to my time card for this week?”
- Know Your Rights: Do not let an employer gaslight you into thinking that marketing their business is a “favor.” It is labor.
We Are Here to Help
The line between “fun office culture” and “wage theft” can sometimes get blurry in the age of social media, but the law remains strict. You deserve to be paid for every minute you work. If your employer has withheld wages for social media work, or if you have been retaliated against for asking to be paid, you don’t have to fight it alone.
At Karns & Karns Personal Injury and Accident Attorneys, we believe in fighting for the rights of individuals against unfair practices. While we are known for personal injury, we understand the importance of justice in all aspects of life. If you have been injured or wronged, you need a team that takes your case seriously.
Call our law firm in San Diego CA at 1-800-4THEWIN (1-800-484-3946). Let’s get you the compensation you deserve.
