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From Pom Poms to the Courtroom: Pt. 4, New York Jets Edition


Stop me if you have heard this before:  an N.F.L. cheerleader brings a wage and hour suit against the team and alleges, among other things, that the team pays below minimum wage for the practices, appearances, and games the cheerleaders are required to work.  For those keeping count at home, this is the fourth wage and hour lawsuit filed by an N.F.L. cheerleader this year (Oakland Raiders Cheerleader Lawsuit;  Cincinnati Bengals Cheerleader Lawsuit; Buffalo Bills Cheerleader Lawsuit)

Not to be outdone, yesterday, a New York Jets cheerleader brought a class action wage and hour suit against the Jets.  The cheerleader alleged that she was not paid for attending three day a week practices, attending mandatory cheerleading camps sponsored by the Jets, and for certain promotional appearances she had to make as part of the cheerleading team, referred to as the "Flight Crew".  The complaint alleged that the cheerleaders got paid $150 for game days and $100 for outside appearances.  As has been common with other complaints, this lawsuit alleged that the Jets cheerleaders were not reimbursed for travel related expenses or mandatory hair & makeup "appearance" related requirements (such as the requirement that the cheerleaders straighten curly hair on game days).  As a result, the lawsuit claimed that the cheerleaders ended up making only $1.50 per hour when these additional expenses were factored in, which is much less than New Jersey's $8.25 an hour minimum wage rate

Unlike other cheerleader lawsuits, the Jets consider the members of the Flight Crew to be employees, rather than independent contracts.  This is beneficial in this instance, as it makes for a stronger wage and hour argument.  As well, unlike the Oakland Raiders lawsuit, there is no binding arbitration clause included in the Flight Crew employment contract.  As a result, this case will likely stay in the court system, and not go before an arbitrator (remember that the Oakland Raiders lawsuit included an arbitration clause that said Roger Goodell, the N.F.L. Commissioner, would settle all disputes arising out of the Raiderette employment contract).  

A copy of the lawsuit can be found here:  http://media.nbcbayarea.com/documents/KrystalCRedacted.pdf

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