Lawsuit Against All Elite Wrestling Alleges Promotion Misclassified Talent as Independent Contractors

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A proposed class action lawsuit alleges All Elite Wrestling (AEW) has misclassified wrestlers and non-wrestling talent alike as independent contractors despite exerting a significant level of control over the details of their work.

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Though the wage-and-hour complaint is heavily redacted, AEW’s 17-page notice of removal, asking for the case to be sent to a U.S. District Court in Pennsylvania, states that the plaintiffs have accused the promotion, CEO Tony Khan and commentator Ian Riccaboni of subjecting the workers to contractor agreements instead of properly treating them as bona fide employees entitled to certain protections under federal labor law.

The notice says AEW is accused of classifying the workers as independent contractors despite purportedly exercising “extensive direction and control” over the details of their work, including wardrobes, dialog, performances, speech, conduct and outside engagements, in alleged violation of the federal Fair Labor Standards Act (FLSA).

Further, the lawsuit says AEW requires wrestlers and non-wrestling talent to engage in services outside of the ring to promote the company, including posting on social media. The case claims AEW “limits the statements that can be made” by the talent, and prohibits “any criticism, warranted or not, of AEW or other Talent or Wrestlers,” and overall directs and controls “every aspect of the relationship” with wrestlers and non-wrestling talent.

“Therefore, the Talent and Wrestlers are misclassified as independent contractors when they are, in fact, employees,” the lawsuit contends, alleging the proposed class members have been unlawfully deprived of employee benefits such as workers’ compensation, health insurance, Social Security and Medicare employer payments, and other protections under state and federal law.

The misclassification lawsuit was initially filed by wrestling commentator Kevin Foote (aka Kevin Kelly) and tag team partners Brandon and Brent Tate on September 6, 2024 in the Philadelphia Court of Common Pleas in late August 2024. The plaintiffs seek a declaration from the court that they and all other wrestlers and talent within AEW since October 2019 are employees of the company.

The plaintiffs additionally aim through the lawsuit to invalidate the arbitration agreements and restrictive covenants of their independent contractor agreements with AEW, and allege “defamation and false light” against all three defendants and tortious interference against Riccaboni and AEW.

According to non-redacted portions of the complaint, the independent contractor agreement requires a wrestler to provide services only to AEW and precludes them from providing services to other wrestling companies without AEW’s approval. The suit also shares that the agreement purportedly prohibits a wrestler from challenging the validity, legality or enforceability of the deal.

The AEW lawsuit looks to represent all current and former wrestlers and non-wrestling talent who provided services to AEW under the challenged independent contractor agreements between September 1, 2022 and the present.

Court documents state that the proposed class includes at least 128 people who wrestled for AEW and roughly 40 non-wrestling talent.

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