Second Cheerleader Joins California Labor Lawsuit

Oakland, CA In the month or so since a California labor lawsuit was filed against the Oakland Raiders, the lawsuit, alleging violations of California labor law, has already gained a second plaintiff, resulted in an investigation by the California Department of Labor and inspired a similar lawsuit in Cincinnati. The Raiders lawsuit, filed by a cheerleader on the Raiderette team, alleges cheerleaders are not paid minimum wage for their time spent working for the team.

The lawsuit, which seeks class-action status, was initially filed by Lacy T. in January 2014. Since that time, Sarah G. joined the lawsuit, which claims Raiderettes are not paid properly for all the hours they put into their time as a cheerleader. Specifically, they claim they are not paid minimum wage for all hours given to the Raiderettes. Although they are paid $125 per home game, they allege they are not paid for time spent at mandatory practices or mandatory promotional events.

Furthermore, they allege, if they fail to bring proper equipment or gear to their rehearsals, they can be fined. The lawsuit alleges, for example, that plaintiff Sarah G. was fined $10 for not handing in her written bio on time.

The plaintiffs also allege they have to pay out of pocket for cheerleading-related expenses such as travel expenses and hairstyling, even though the team provides a hairstylist they are forced to use. Finally, the lawsuit alleges, the cheerleaders do not get paid for their time spent cheerleading until the end of the season - months after their work for the team has begun.

According to the lawsuit (case number RG14710815, in the Superior Court for the State of California, County of Alameda), Raiderettes must attend all preseason, regular season and postseason football games, even if they are benched for the game. They must also attend all practices, rehearsals, workouts preparations, drills, fittings, photo sessions, meetings, events and functions as directed by the Raiders.

The lawsuit alleges that the contract the cheerleaders are forced to sign contains provisions that violate California law, including a provision waiving legal claims against the Raiders. They are also allegedly prohibited from discussing the fees they receive with anyone.

The California Department of Labor is concerned enough that it is now investigating the Oakland Raiders’ treatment of its cheerleaders. Meanwhile, a similar lawsuit has been filed against the Cincinnati Bengals, alleging the Ben-Gals, the Bengals cheerleading team, is paid well under the Ohio minimum wage. That lawsuit is case number 1:14-cv-00136-MRB, Brenneman v. Cincinnati Bengals, Inc.