Offit Kurman labor and employment law attorney Russell Berger was recently published in the Baltimore Business Journal. His article, “What employers Can Learn From The Oakland Raiders And Its Cheerleaders,” explores the recent lawsuit against the football team alleging unlawful pay practices. Former Raiders cheerleader Lacy T. alleged that the team failed to pay her the required minimum wage for all hours worked and the appropriate premium for overtime. Instead, the cheerleader claims the team paid her a flat rate of $125 a game and unlawfully held her pay until the end of the season. To make matters worse, Lacy T. also alleged that the Raiders made unlawful deductions from her pay for various infractions.
“If successful on her minimum wage and overtime claims, Lacy T. would not only obtain damages in an amount to bring her pay over the last three seasons into conformity with the law,” explains Berger, “but may also obtain double this amount in accordance with a penalty provision contained in the law.”
If Lacy T. is able to obtain class certification, the lawsuit would expand to include claims of current and former Raiders cheerleaders as well.
What does this mean to you as an employer? While we realize you are probably not an NFL owner, there are a few lessons to be learned from the Raiders recent legal troubles.
- Minimum Wage: Be sure to pay at least the minimum wage for all hours worked by your employees. Common problems that may cause an employer to inadvertently fail to do so include misclassifying the employee as exempt, fining employees causing their pay to fall below minimum wage, and failing to account for all hours worked.
- Timely Manner: Each and every state requires employers to pay their employees in a timely manner. That time frame changes from state to state. Maryland, for instance, requires employers to pay employees every other week or at least twice per month.
- Overtime: Employers are required to pay an overtime premium for all hours worked in excess of forty for all non-exempt employees. Like minimum wage problems, these issues commonly arise from employee misclassification and failing to account for all work hours.
If you have any questions about Labor and Employment Law and Minimum Wage, please contact Russell Berger at 410.209.6449 or firstname.lastname@example.org. Mr. Berger is an experienced labor and employment attorney and litigator who is well versed in both state and federal court proceedings. Working as a labor attorney, Mr. Berger handles many different labor issues, including minimum wage and overtime litigation (under the Fair Labor Standards Act), wrongful termination claims, non-compete agreements, employment agreements, and severance agreements.
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