AI Data Trainers May Be Eligible to Participate In a Class Action
If you worked in California labeling data, ranking or writing AI responses, evaluating chatbot outputs, or otherwise training artificial intelligence models, you may have been misclassified as an independent contractor. Under California law, AI data trainers should typically be classified as employees, meaning they are entitled to pay for all hours worked (including, for example, pre-task assessments), overtime, meal and rest breaks, and reimbursement of business expenses. The Dosaj Firm, APC is bringing class action and PAGA representative actions on behalf of AI data training workers in California. Fill out the form below to see if you have a claim.
What Is AI Data Training Work?
AI companies rely on large numbers of people to teach their models. Workers write and rate prompts, compare and correct chatbot answers, label images, audio, and text, review content, and apply specialized knowledge in fields such as medicine, law, coding, math, science, and languages. Many of these workers are paid by the hour through online platforms and are classified as independent contractors, even though the company controls the work, the tools, the schedule, and the standards. Data training may also involve physical labor, such as cleaning, while one’s actions are recorded and uploaded to the data training company.
How Your Rights May Have Been Violated
In California, a worker is presumed to be an employee unless the company proves all three parts of the ABC test under Labor Code section 2775: that the worker is free from the company’s control, that the work is outside the usual course of the company’s business, and that the worker is independently established in that kind of work. AI data training companies can virtually never meet that burden. If you were misclassified, you may be owed the protections of California employment law, including:
Minimum wage and overtime for all hours worked, including time spent on onboarding, assessments, qualification tasks, and other unpaid work
Meal and rest breaks, or premium pay when breaks are not provided
Reimbursement of business expenses such as your computer, internet service, phone, and software
Accurate, itemized wage statements and timely payment of all wages
Waiting time penalties when final wages are not paid on time after the work relationship ends
What Is a Class Action or PAGA Action?
A class action lets one or more workers sue on behalf of everyone who was treated the same way, so that no one has to take on a large company alone. The Private Attorneys General Act (PAGA) is similar to a class action and allows an aggrieved worker to pursue civil penalties for Labor Code violations on behalf of the State of California and other affected workers, with a portion of the penalties going to the workers. Strict time limits apply, including a one-year deadline for many PAGA claims, so it is important to act promptly.
Signed a Contractor Agreement or Arbitration Clause?
Many AI data training platforms require workers to accept contractor agreements, arbitration clauses, or class action waivers. Those terms do not necessarily end your rights, and some claims on behalf of the State may be able to proceed regardless. Do not assume you have no options. Tell us about your work and we will let you know where you stand.
Tell Us About Your Work
Answer the three short questions below to see if you are eligible to participate in a class and/or PAGA action to vindicate your rights and the rights of other California employees. Please note that we will likely be unable to represent you against the following AI data training companies which are already involved in pending litigation: DataAnnotation.Tech; Scale AI/Outlier; Handshake AI; and Mercor.
