NEW YORK — A lawsuit filed in New York state court continues a growing trend of NFL cheerleaders suing their football team’s organization for long-standing wage violations. Five former “Buffalo Jills”, Buffalo Bills cheerleaders, allege their team’s football organization and the companies managing the cheerleaders denied the cheerleaders minimum wage and overtime pay in violation of New York state labor law. Additionally, the Buffalo Bills cheerleaders claim the organizations failed to pay them in a timely fashion and illegally took kickbacks, gratuities, and deductions from their pay dating back to 2010.
Cheer Wages
Contractually, the cheerleaders claim they were to be paid $90 per game. This set amount, however, was subject to deductions for various “offenses.” The lawsuit alleges that Buffalo Bills Inc. and the two companies that managed the cheer squad, Citadel Communications Co. Ltd. and Stejon Productions Corp., paid cheerleaders as little as $105 a season. Assuming a cheerleader only worked the eight regular season home games and each game lasted at least four hours, the cheerleader would have earned roughly $232 during the season before deductions, if she were paid the 2010 minimum wage of $7.25. This amount does not take into consideration practices and other cheer related activities, of course.
The former Buffalo Jills claim they worked at least 20 hours a week, including practices, charity functions, promotional events, and the annual calendar photo shoot. The lawsuit, further, claims the organization failed to maintain proper records of the time the cheerleaders worked. Improper record and timekeeping violate both state and federal law and frequently lead to wage theft.
Misclassification
The cheerleaders believe the organization willfully misclassified the cheerleaders as independent contractors to avoid paying minimum wage and overtime. The misclassification meant the cheerleaders were not considered “employees” under the Fair Labor Standards Act (FLSA) or New York labor law and not protected by minimum wage or overtime requirements. If the cheerleaders had been “employees,” their time spent in practices, photo shoots, and charity events would need to have been paid. Also, deductions that brought their wages below minimum wage would have been illegal. But, as independent contracts, this was not required.
The Buffalo Bills and other NFL teams recently began paying cheerleaders hourly minimum wage. The cheerleaders argue this change is indication that the previous wage practices were illegal. While changes in payment practices are not always a sign of previous misconduct, as new rules or regulations may require the changes, they can be an indication that there was a problem in the past.
If you are a cheerleader with a national sports team or believe you have been misclassified as an independent contractor, you may have a claim for unpaid overtime wages. Call our experienced team of overtime pay lawyers today at (855) 754-2795 to discuss your situation. Or complete the Free Unpaid Overtime Case Review form on the top right of this page and our experienced legal team will evaluate your case.