Oakland, CAA California labor lawsuit brought by cheerleaders of the Oakland Raiders may have suffered a minor setback when the US Department of Labor (DOL) closed their investigation on grounds that football is “seasonal” and exempt from federal minimum-wage laws. However, there are no such exemptions observed by the state, and the lawsuit is expected to continue.
The lawsuit, filed January 22 in Alameda County Superior Court, alleges that “Raiderettes” - the named tagged to cheerleaders employed by the team - effectively earn less than $5 per hour, a sum far below minimum wage grids and California prevailing wage, once rehearsals, charity events and other costs the women allegedly have to bear themselves are taken into account.
According to the lawsuit, Raiderettes are paid $125 for each of the 10 pre-season and regular season home games. Plaintiffs in a lawsuit that is proposed as a class action representing all Raiderette cheerleaders who have toiled for the team over the past four years, allege the women are required to pay all their own travel costs and other expenses - including makeup and hair for the team’s annual swimsuit calendar photo shoot - together with various fines for missing altogether or reporting late for rehearsals, and bringing the wrong pom-poms to practice.
The lawsuit also alleges the team withholds pay until the end of the football season.
The DOL launched an investigation from the federal side about a week after the lawsuit was brought. However, according to The San Francisco Chronicle (3/20/14), the feds closed their investigation after it was determined the California Raiders constitutes a “seasonal” operation and thus is exempt from federal minimum wage laws.
However, it is expected the lawsuit will go ahead, given that the state of California does not recognize such an exemption for season operators. As well, at $8 per hour, the minimum wage in California is 75 cents above the current federal standard - a rate that is about to rise to $9 in July, with a corresponding rise to $10 per hour January 1, 2016 for the state of California.
According to The Chronicle, the Raiders are lobbying to have the lawsuit removed from the courts and transferred to the Office of the Commissioner for the National Football League, for arbitration. The report references a claim made by the team, and officially filed in court papers March 20 in Alameda County Court, that all cheerleaders agree, as per their employment contract, to refer any and all disputes with or involving the team to binding arbitration before the commissioner.
So far, there has been no response from the plaintiffs as to the fate and future of their lawsuit, which claims that the Raiderette’s compensation package and costs violate California labor employment law. It is not known what role the employment contract will play in the matter, and whether or not an employment contract will circumvent the California labor lawsuit.
The lawsuit, alleging violations to the California labor code, was originally brought by “Lacy T” (surnames withheld according to team policy), a 28-year-old stay-at-home mom. She was soon joined by a co-plaintiff. The lawsuit is seeking class-action status.
According to the action, the team is not meeting the California prevailing wage. It is not known what role the team’s seasonal status will have, given the state does not recognize the same seasonal criteria observed by the feds. All eyes will be watching - and not just for the pom-poms, either…