LOS ANGELES — A former Lingerie Football League, now Legends of Football League (LFL), player has filed both a putative class action wage and overtime claim and a collective action claim under California’s Private Attorney General Act (PAGA) against Lingerie Football League LLC. The class action, which seeks to include all California-based players, claims the league knowingly misclassified the players as independent contractors in order to avoid paying proper wages. The former players’ claims are very similar to those of the NFL cheerleaders overtime claim current.
The Player’s Claims
The LFL currently has about 200 active and inactive players, all classified as independent contractors. However, the former LFL receiver, Melissa Margulies, claims that a player cannot be both an independent contractor and league team player. She also claims the LFL and the teams utilize and maintain a level of control of an employer over the players. LFL players were and are required to give the league all promotional and publicity rights, as well as attend practices, promotional events, and, of course, games. They are, also, required to follow team and league rules or face disciplinary actions or termination from the LFL. Margulies also noted that the player contract with the LFL contains many provisions that she claims clearly illustrate that the LFL sees the players as employees, despite their classification. But because the players were misclassified as independent contractors, the LFL was not obligated by law to pay minimum wage or comply with overtime laws. Margulies claims there were seasons where players would receive no compensation at all, despite the hours they worked.
Overtime and Wage Lawsuits
If an employer fails to pay an employee for all of the hours the employee works or fails to pay at least minimum wage, an employee would rightfully want to see that the employer corrects the situation. In many situations, alerting an employer of the problem will lead to changes. But, in some cases, like with the LFL, further action is required.
In most situations, employees have protections and can seek relief from wage violations either individually, or as part of a class action, under both state and federal labor laws. Both state and federal labor laws define who an employee is and require employers pay employees at least minimum wage and overtime if an employee works more than 40 hours a week. They also allow employees to sue employers for failure to do so. Some state laws, like California’s PAGA, provide yet another avenue for relief from employer wage violations. Determining what laws have been violated and the best course for relief can be complicated without sound legal advice.
If you or someone you know is an LFL player or you believe you are in a similar situation and have been misclassified as an independent contractor, call our experienced team of overtime pay lawyers today at (855) 754-2795 to discuss your situation. Or complete the Free Unpaid Overtime Case Review form and our knowledgeable legal team will evaluate your case. 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.