(855) 263-3525

Raiders Cheerleaders May Have To Arbitrate Wage Claim

LOS ANGELES — Oakland Raiders cheerleaders, or Raiderettes, are not cheering after a recent United States’ Department of Labor decision. The US Department of Labor recently concluded that cheerleading for football teams is a seasonal activity and therefore does not fall under the federal minimum wage laws. This means the cheerleaders’ lawsuit will have to continue without its federal Fair Labor Standards Act (FLSA) claim. Fortunately, California state law does not have a seasonal exemption in its minimum wage laws so the lawsuit can continue in state court. Two Raiders cheerleaders brought the lawsuit for unpaid wages and unfair employment practices. Their lawsuit claims the cheerleaders were effectively paid less than $5 an hour during the season.

Raiders cheerleaders are expected to attend rehearsals, charity events, pre-season and regular season home games, and cover the costs of travel and other expenses related to their public appearances. Additionally, they are allegedly fined for being late, for missing practices and rehearsals, and for even bringing the wrong pom-poms or workout wear to rehearsals.  According to the lawsuit, cheerleaders earn $125 per home game, but are not paid until the end of the season, instead of being paid every two weeks or once a month; presumably so fines can be deducted. Furthermore, missed rehearsals can prevent a cheerleader from participating in a home game, which further reduces their pay.

The two cheerleaders are seeking class action status for current and former cheerleaders. But they face a larger hurdle before that class action certification can occur. The Raiders are seeking to move the case into arbitration. Arbitration would mean the cheerleaders would not be able to sue the team in court. They would have to take the claims individually into binding arbitration where it is likely the outcome will be confidential.

The Raiders claim all cheerleaders agree to binding arbitration in their employment contracts. And the arbitration clause supposedly applies to “all matters in dispute.” The lawsuit and class action requests were filed in January. The Raiders filed for arbitration in March. The court has not yet made a ruling on the matter.

While employers are not required to cover all employee costs and may make deductions from employee pay in specific situations, if you feel your employer’s actions are violating your right to proper pay, call our knowledgeable team of overtime pay lawyers today at (855) 754-2795 to discuss your situation. Or complete the Free Unpaid Overtime Case Review form on the top right of this page and our experienced legal team will evaluate your case. Our top rated team will determine if you have a claim and if it is best to file a lawsuit at the state level, federal level, or both. If we accept your case, we will represent you under our No Fee Promise. This means there are no legal fees or costs unless you receive a settlement.

Text Now For Free Case Review