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Oakland Raiderette Cheerleader Wage Lawsuit Proceeds Despite Unfavorable Federal Ruling

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Raiderettes dance during a game between the Oakland Raiders and the Philadelphia Eagles on November 3, 2013 at O.co Coliseum in Oakland, California. The Eagles won 49-20. (Brian Bahr/Getty Images)

Raiderettes dance during a game between the Oakland Raiders and the Philadelphia Eagles on November 3, 2013 at O.co Coliseum in Oakland, California. The Eagles won 49-20. (Brian Bahr/Getty Images)

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OAKLAND (KCBS) – A federal investigation into how the Oakland Raiders cheerleading squad gets paid found no violations of federal minimum wage laws, a ruling that does not shield the team from a lawsuit over Raiderette pay filed in state court.

The team operates as a seasonal employer, so federal minimum wage requirements do not apply, according to a U.S. Labor Department finding reported by the San Francisco Chronicle.

The ruling applies only to federal laws.

A lawsuit filed by two Raiderettes over alleged violations of California minimum wage and labor laws continues to make its way through the courts.

The plaintiffs, identified only as Lacy T. and Sarah G., are seeking class action status over allegations that Oakland Raiders cheerleaders are paid less than $5 an hour when required rehearsal time, mandatory charity appearances, and posing for the team’s annual swimsuit calendar are taken into account.

The California minimum wage is $9 an hour, but individual cities such as San Francisco and San Jose have set higher rates. Labor unions have launched a campaign to put a measure before Oakland voters in November that would raise the city’s minimum wage to $12.25.

The Raiders have sought to resolve the case outside of court through private arbitration before the National Football League commissioner.

The California minimum wage goes up to $10 per hour on Jan. 1, 2016.

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