SAN FRANCISCO — A group of student athletes has filed a class-action lawsuit against the National Collegiate Athletic Association (NCAA) and PAC-12 Conference for alleged unpaid wages and violation of the applicable minimum wage law.
Lamar Dawson filed a complaint individually and on behalf of all others similarly situated on Sept. 26 in the U.S. District Court for the Northern District of California against the defendants, alleging that they violated the fair labor standards act through unlawful employee compensation.
According to the complaint, the plaintiffs allege that Lamar Dawson and class members were employed jointly by the defendants as student athletes playing football while attending classes at the University of Southern California, they are considered as nonexempt workers entitled to the protections of the California Minimum Wage Order. However, in the performance of their duties for defendant NCAA, they supposedly worked more than 40 hours per week, yet did not receive overtime compensation for the work, labor and services they have provided, more so, they were not paid the required minimum wage. As a result, the plaintiffs claim to have suffered monetary losses.
The plaintiffs hold the National Collegiate Athletic Association and PAC-12 Conference responsible because the defendants allegedly failed to pay timely and adequate compensation or overtime wages dues and failed to provide plaintiffs an accurate and itemized wage statements.
The plaintiffs request a trial by jury and seek judgment in their favor, be declared as class action, appoint class representative/counsel, declare willful violations, damages, interest, attorneys' fees, costs of suit and other relief as the court deems just. They are represented by Betsy C. Manifold of Wolf Haldenstein Adler Freeman & Herz LLP in San Diego, Jeffrey G. Smith and Mark C. Rifkin of Wolf Haldenstein Adler Freeman & Herz LLP in New York, John M. Kelson of The Law Offices of John M. Kelson in Oakland and Attorney at Law Jerry K. Cimmet in San Mateo.
U.S. District Court for the Northern District of California case number 3:16-cv-05487