Feds end Raiderette wage probe with no action

Oakland Raiderette Lacy T. is a plaintiff in a lawsuit accusing the Oakland Raiders of violating wage laws in paying their cheerleaders, photographed at her lawyer's office in Oakland, CA, Wednesday, January 22, 2014. Photo: Michael Short, The Chronicle

The U.S. Labor Department said Wednesday it has closed its investigation of what the Oakland Raiders pay its cheerleader squad, the Raiderettes, after finding that the team is a "seasonal" operation exempt from federal minimum-wage laws.

The announcement doesn't shield the team from a lawsuit by Raiderettes who claimed the Raiders are violating California minimum-wage and labor laws with the compensation they provide their cheerleaders. The Raiders are seeking to move that suit out of the courts and into private arbitration before the National Football League commissioner.

The Raiders pay their cheerleaders $125 for each of the 10 preseason and regular-season home games. The Raiderettes' lawsuit, filed Jan. 22 in Alameda County Superior Court, said the wages amount to less than $5 an hour, taking into account the hours of unpaid work they are required to perform at rehearsals, 10 charity events per season and the team's annual swimsuit calendar photo session.

California's minimum wage is $8 an hour, 75 cents more than the federal minimum wage.

The suit also accused the Raiders of violating California law by requiring the Raiderettes to pay all costs of travel and other expenses, by fining them for such offenses as bringing the wrong pom-poms to practice, and by withholding their pay until the end of the season instead of paying them at least twice a month. Two cheerleaders filed the suit as a proposed class action on behalf of all Raiderettes over the past four years.

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