California Labor Law: Settlement with Cheerleaders Announced

Oakland, CA A settlement has been announced in a California labor lawsuit involving the Oakland Raiderettes. The lawsuit, which must still be approved by the courts, has reportedly been settled for around $1.25 million. This settlement is the second victory linked to the lawsuit. In July, the Raiders reportedly announced a change to compensation for their Raiderettes cheerleaders.

The lawsuit was filed in January 2014 by Lacy T. and joined later by Sarah G., who alleged cheerleaders began their duties in April but were not paid until January, they were paid only $1,250 for the season - or approximately $5 an hour, which is less than minimum wage - and that they were not reimbursed for expenses incurred associated with their cheerleading roles.

The plaintiffs further alleged that they were charged fines and not given meal or rest breaks, and if they were benched during a game, they had to stay on the premises but were not paid for the day. Finally, they claimed they were required to attend many public appearances for which they were not paid.

“According to the Raiders’ policies and procedures, in the course of a season, each Raiderette is expected to make at least ten charitable appearances and one appearance for Oakland Raiders’ ticket sales, without any compensation,” court documents state. Plaintiffs argued that collectively, they make more than 300 appearances a year on the Raiders’ behalf, often with no guarantee of pay.

According to the Los Angeles Times (7/11/14), in July, the Oakland Raiders sent out a new contract that would pay their cheerleaders $9 an hour, plus overtime, which could amount to more than $3,000 for the full season. The contract also allows for the Raiderettes to be reimbursed for mandatory business expenses, and requires the cheerleaders to be paid twice a month rather than once at the end of the season.

In addition to the new contract, the Lacy T. lawsuit has reportedly been settled for around $1.25 million, the Los Angeles Times (9/4/14) reports. The settlement will cover approximately 90 cheerleaders who worked for the team from the 2010-2011 season and on. Cheerleaders who represented the team during the 2013-2014 season will receive $2,500 in back pay and penalties. The lead plaintiffs will both receive an additional $10,000.

Lawsuits have been filed by cheerleaders against other teams, including the Buffalo Bills and the New York Jets. A second lawsuit has also been filed against the Raiders by a different cheerleader. That lawsuit also names the NFL as a defendant.