OAKLAND, Calif. — The Oakland Raiders’ cheerleaders, the Raiderettes, reached a tentative settlement in their wage and overtime pay lawsuit. The $1.25 million settlement is still awaiting court approval, but is expected to resolve the parties’ dispute. In addition to the settlement, the Raiders will now pay Raiderettes hourly wages, including overtime, when the cheerleaders attend celebrity or other non-game events. The Raiderettes will also get paid every two weeks, instead of at the end of the season. These new pay provisions bring the Raiders into compliance with California’s wage and hour laws.
The Lawsuit
The cheerleaders’ lawsuit, which was brought by two former Raiderettes in January of this year, is the first of five NFL cheerleader wage and overtime claims to settle. The Raiders’ cheerleaders alleged the team did not pay them for all the hours they worked, nor did it pay them minimum wage. The team did not pay them until the end of the season, and their wages were subject to deductions for work-related expenses and penalties for violating cheerleading team rules. After the deductions, the cheerleaders alleged they received around $1,250 each season, or about $5 an hour, well below both the state and federal minimum wages.
The initial lawsuit included claims of Fair Labor Standards Act (FLSA) violations. In March, the U.S. Department of Labor determined the cheerleaders fell within the FLSA’s “seasonal” employee exemption, and were not subject to minimum wage provisions. However, the state labor law violations claim was allowed to proceed. The parties are now awaiting court approval of the settlement agreement.
The Settlement
The proposed settlement includes around 90 current and former cheerleaders employed by the team between 2010 and 2013. The settlement will compensate the cheerleaders for the back wages they are owed. The settlement sets out the pay schedule based on the football seasons. For the 2013 season, the cheerleaders are expected to receive $2,500, and they will receive $6,000 for each season they worked from 2010 through 2012. The team agreed to conform to state wage laws beginning with the 2014 season.
While the Raiderettes appear to have reached a settlement, the cheerleaders for the Cincinnati Bengals, Tampa Bay Buccaneers, New York Jets, and Buffalo Bills still have pending lawsuits against their teams. If you are a professional cheerleader or your employer is not paying minimum wage or overtime, contact our top-rated team of overtime pay lawyers today at (855) 754-2795 to discuss your situation. If we accept your case, we will represent you under our No Fee Promise. You will not be billed for legal fees or other costs unless you receive a settlement.