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Claiming they were employees, a group of women football players have filed an independent contractor class action lawsuit against Legends Football League LLC.
Even though the case might end up in default because the Legends Football League has not responded to the independent contractor class action lawsuit, Los Angeles Superior Court Judge Lisa Hart Cole granted class certification to the suit.
Lead plaintiff Melissa Margulies, one of the league’s former start receivers, filed the complaint in July 2014.
The independent contractor class action lawsuit class action lawsuit now includes around 50 plaintiffs.
Basis for Independent Contractor Class Action Lawsuit
Wage and hour laws that are particular to California are governed by the State of California’s Department of Industrial Relations, Division of Labor Standards Enforcement.
Even a contract that states a person is an independent contractor is not the final word in California. Among the criteria: If an employer exerts a certain amount of control over the worker, that worker is deemed an employee.
The women’s football players independent contractor class action lawsuit alleges a number of violations of California labor laws, including:
- Willful misclassification of an employee
- Failure to pay overtime and for all regular hours worked
- Non-reimbursement for employment-related expenses such as fake eyelashes, mouth guards, spray tans, uniform socks, makeup and cleats.
While Margulies played in the league, she claims she was misclassified as an independent contractor because of the demands placed on her and her teammates by the league.
The agreement Margulies signed for the 2010-11 season states that attending practice is mandatory. Such practices might be scheduled at any time with only one day’s notice to players, who are forbidden from playing in any other football games outside of the league.
The contract also includes language that the league may terminate a player at any time without cause, but the players are not allowed to terminate the agreement at all.
The judge felt this statement presented the strongest evidence of the control the league had over the players and contributed to her decision to grant the lawsuit class status.
The players’ agreement allegedly also banned them from participating in outside activities that could cause serious injury, ordered the players to attend all promotional events, and made the women turn over all publicity and promotional rights to the league.
According to the independent contractor class action lawsuit, the league paid the women less than minimum wage, which was possible because of the players’ independent contractor status.
Margulies accuses the league of not paying the players for “entire seasons” when player pay rates were allegedly linked to ticket sales and team wins.
There are 10 Legends Football League teams in the United States. Margulies played for the Los Angeles Temptation. Each team includes 14 active players and six inactive players.
This suit applies to women who played for the league in California since June 27, 2010.
A federal class action lawsuit that makes these same types of claims against the league is also ongoing.
The Legends Football League Independent Contractor Class Action Lawsuit is Melissa Margulies v. Legends Football League LLC et al., Case No. BC550244, in the Superior Court of the State of California, County of Los Angeles.
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