NEW YORK — Recently, a New York state judge granted permission to five former Buffalo Jills to move forward with their class action overtime lawsuit. According to the lawsuit, NFL cheerleaders are misclassified as independent contractors rather than employees.
The Claims History
The cheerleaders filed their lawsuit, one of several brought by NFL cheerleaders, in April. The lawsuit seeks to represent all members of Buffalo Bills’ cheerleading squad, the Buffalo Jills, who worked for the team between 2009 and 2012. In addition to Buffalo Bills Inc., the cheerleaders named their former managers, Citadel Communications Co. and Stejon Productions Corp.
The cheerleaders claim they worked at least 20 hours a week, including practices, mandatory charity and promotional appearances, games, and other activities, and their compensation amounted to $90 per game. That amount was subject then to deduction by the team if the cheerleader committed an “offense,” such as bringing the wrong uniform to practice. Even without the deductions, the cheerleaders did not receive minimum wage or overtime pay.
Stejon claims the plaintiffs received other forms of compensation through free gym memberships, tanning memberships, surgical procedures, and tickets and parking to Buffalo Bills home games. Stejon and Citadel initially agreed to mediate the dispute. The Buffalo Bills refused to do the same, and instead moved to dismiss the lawsuit. Stejon and Citadel then claimed co-employer status with the Buffalo Bills.
Discovery
Discovery is the process where each side requests documents and evidence from the other party, as well as from anyone else with information relevant to the case. With wage and overtime lawsuits, employers usually have access and control over most of the pertinent information. Here, the Buffalo Jills requested all memos, contracts, and other documents between the two management companies over the last six years, the maximum length allowed for the alleged violation. The Buffalo Jills believe these documents will show they were employees, and that joint employer status exists between the companies.
You are not required to have all the evidence of a wage or overtime pay violation in order to file a claim against your employer. If you believe you were denied earned overtime wages, contact our team of overtime pay lawyers today at (855) 754-2795, or complete a Free Unpaid Overtime Case Review form. If we accept your case, we will represent you under our No Fee Promise. You will not be billed for legal fees or other costs unless you receive a settlement.