Remember,in California employers are prohibited from docking your wages below minimum wage. Laws exist to ensure that employees are given fair and just compensation for the work they perform.
Updating a blog post we brought you earlier this year, the National Football League has fought back against a group of Oakland Raiders cheerleaders who filed a wage and overtime lawsuit against the team.
The women involved in the case claim that they earn less than minimum wage and are paid at the end of the season instead of every two weeks as required by California law. They also said they earn $125 per game and are not paid for practices or meetings. They can also reportedly be fined for being late to practice, not having the right hair color or failing to appropriately polish their nails.
In a response, according to NBC News, the NFL said that the Raiderettes could not pursue their claims to be paid at least minimum wage, because the league and its teams are “immune from all state Labor Code provisions.”
The rebuttal was filed in the Alameda County Superior Court earlier this week. In the response, the NFL argues that the issue with the cheerleaders is a “straightforward labor dispute,” that should be settled between the cheerleaders and the Raiders, hinting at arbitration.
As we previously reported, the NFL has argued that when the Raiderettes’ signed their contracts, they signed away their rights to sue the team in court; instead, it claims they are entitled to arbitration.
How Can I Get Back Wages I Am Owed?
Class action lawsuits are becoming an increasingly popular way for employees to seek back wages. In most cases like this, forced arbitration agreements become an issue. However, not all arbitration agreements are legally enforceable, especially if an employer is clearly violating state and federal labor laws.
Keep in mind, an arbitration agreement does not mean you cannot speak to an employment attorney about issues involving things like wrongful termination, discrimination at work and/or wage and overtime claims.
Contact our attorneys today to make sure that your employer does not owe you back wages or pays you less than minimum wage. We will seek the compensation you are owed, if you have not been paid properly for the work you have performed.
Kesluk, Silverstein & Jacob– Los Angeles employment attorneys
Did You Know? Contractor misclassification is a common way for employers to save money, although in many cases, it is illegal.