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From Pom Poms to the Courtroom - Oakland Raiders Edition (Again)



Those following the blog the past few months have noted the increasing number of wage and hour lawsuits that have been brought against N.F.L. teams.  As of this point, the Oakland Raiders, Cincinnati Bengals, Buffalo Bills, New York Jets, and Tampa Bay Buccaneers have all had wage and hour lawsuits filed against them this year by former cheerleaders.  These lawsuits have alleged, among other things, that the teams are paying the cheerleaders less than minimum wage, in violation of Federal and state labor and employment laws.

The first cheerleader lawsuit that really set the dominos was brought by a former Raiders cheerleader in January.  A few days ago, two former Raiders cheerleaders also filed a wage and hour lawsuit against the team.  This lawsuit is very similar to the one previously filed in January:  While the cheerleaders are paid $125 per game, they end up making around $5 per hour with all the other required promotional activities they are required to attend.  The lawsuit also alleged "deplorable working conditions" including having to change in public with little to no privacy and attend golf events where they were groped by inebriated men.  As well, there is also the Arbitration provision in the agreement which states that if there is a dispute surrounding this agreement, the exclusive remedy will be arbitration with the N.F.L. Commissioner serving as the arbitrator.

With that being said, there are a few differences that really stand out between this Raiders lawsuit and the one filed in January.  For instance, there are different attorneys representing the Raiders cheerleaders in each lawsuit.  Not surprising necessarily, but something to note.  As well, this lawsuit also names the N.F.L. as a defendant.  This is a real contrast between the previous suits that have been filed which only name the actual team or organization that oversees the cheerleaders as the liable defendant.  Without going too in depth at this point, in order for this suit to succeed against the N.F.L., the cheerleaders must show an agency relationship.  In essence, it must be shown that the Raiders were acting on behalf of the N.F.L. and were acting with the consent, permission, or authorization of the N.F.L. 


A copy of the complaint filed by these cheerleaders can be found here:  http://media.nbcbayarea.com/documents/Raiderettes.pdf

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