Skip to main content

Oakland Raiders File a Motion to Compel Arbitration: Will the Case Leave the Court System?


As readers of the blog are familiar with, a wage and hour lawsuit was brought against the Oakland Raiders earlier this year on the grounds that the cheerleaders were not paid at least minimum wage for their work done as part of the cheerleading team.  (Oakland Raiders Cheerleader - Blog).  

The Raiders responded to the suit and asserted, in part, that the claim could not be litigated in the courts and instead should be sent to arbitration.  The Raiders pointed to the terms of the contract that the cheerleaders signed which stated that any dispute that arose in regard to the agreement would be sent to binding arbitration, with the N.F.L. Commissioner to serve as the sole arbitrator.  (Oakland Raiders Cheerleader Contract - page 29 addressed the arbitration provision).  

Last week, the Raiders filed a Motion to Compel Arbitration of this case.  If the court grants the Motion, it would remove this case from the public eye and allow Roger Goodell, the N.F.L. Commissioner, to be the sole ruler of the outcome of this dispute. 

As of this point, the case remains in the California court system, but this arbitration provision that the cheerleaders agreed to could throw pose to be an insurmountable hurdle.  The Raiders would obviously prefer this case go to mediation where they would likely get a more favorable (and likely non-appealable ruling) from the Commissioner, while the cheerleaders would prefer this case stay in the court system with an option to appeal, depending upon the judge's ruling.  

Link to the Motion to Compel Arbitration filed by the Raiders:  http://media.nbcbayarea.com/documents/RaidersMotion+03.14.14.pdf

Comments

Post a Comment

Popular posts from this blog

NLRB: Discussion Among Employees About Tip Pooling is Protected Concerted Activity

  This Advice Memorandum from the National Labor Relations Board’s Associate General Counsel, Jayme Sophir, addressed whether employees which discussed and complained about tip pooling at work constituted protected concerted activity. In relevant part, an employer in New York operated a chain of steakhouses.  While tip pooling was in place at these steakhouses, some of the employees objected to it on the grounds that it was not transparent and improperly divided tips among the workers.  Employees were told not to complain or talk to each other about the tip pool and were told that doing so would endanger their jobs.  Despite the employer later attempting to provide some clarity as to how the tips were being divided, rancor still existed among some employees.  At one point, the employees were told by a general manager that some employees that had been talking about the tip pool were “cleared out” and the employer would continue to do so. In the Advice Memorandum, it was noted that emplo
Post a Comment
Read more

What I’ve Been Reading This Week

A few years ago, I remember when the “Fight for $15” movement was taking off around the country.  Lo and behold, it appears that a $15/hour minimum wage is not the stopping point, which should be no surprise.  As the below article notes, New York is aggressively moving to ramp up hourly wage rates even higher.  While all the  below articles are worth a read, I called particular attention to that one. As always, below are a couple article that caught my eye this week. Disney World Workers Reject Latest Contract Offer Late last week, it was announced that workers at Disney World had rejected the most recent contract offer from the company, calling on their employer to do better.  As Brooks Barnes at The New York Times writes, the unions that represent about 32,000 workers at Disney World reported their members resoundingly rejected the 5 year contract offer which would have seen workers receive a 10% raise and retroactive increased back pay.  While Disney’s offer would have increased pa
Post a Comment
Read more

Utah Non-Compete Bill Falters in House

Last month, a non-compete bill sponsored by Representative Brian Greene (Republican from Pleasant Grove) & up for vote in the Utah House failed to make it through the Legislature.  The bill sought to ban enforcement of non-competes if they came after a worker was already employed, given no compensation (such as a bonus or promotion) for signing the non-compete, and laid off within six months.  However, by a 22 - 49 vote, the bill was resoundingly defeated after some business groups lobbied to kill the non-compete bill.  One group in particular, The Free Enterprise Utah coalition, argued that the Utah State Legislature should hold off on any changes to non compete laws in the state until a survey about non competes was done among Utah businesses.  Representative Greene had countered this claim and argued that a survey was not needed to show that the current non compete laws in the states allowed many businesses, including some small high tech companies in the state, to per
Post a Comment
Read more