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Updated: Buffalo Bills Cheerleaders Get a First Down; Lawsuit Continues


There have been a string of cases filed by N.F.L. cheerleaders against different teams this year, with all the lawsuits centering out claims of unlawful pay in violation of the Fair Labor Standards Act.  When an employer pays an employee below minimum wage, which the cheerleaders claim, that is a problem and could result in unfavorable rulings for employers.  I had posted an update a few days ago about the Oakland Raiders unceremoniously raising its cheerleaders' pay to $9.00 per hour for the upcoming season, which falls in line with the minimum wage rate in California.  (Raiders Raise Pay for Cheerleaders - Blog) (I say "unceremoniously" because the Raiders did not make any formal announcement, but rather included the pay rate on fliers for its cheerleading auditions for the 2014 - 2015 season).  

Earlier this year, five former members of the Buffalo Bills cheerleading squad, referred to as the "Buffalo Jills", brought a wage and hour claim complaining of unlawful wage payments by several defendants, including the Buffalo Bills themselves.  (From Pom Poms to the Courtroom, Pt. 3: Buffalo Bills Edition - Blog)  The Buffalo Bills subsequently filed a motion to dismiss the claim against them on the grounds that the team itself was not the actual employer of the cheerleaders and therefore was not a proper party.  The court denied that motion and held that it was premature to determine whether the Bills were actually an employer of the cheerleaders.  

As a result, the claim continues against all parties at this time, including the Bills.  This is not necessarily a surprise since there was some evidence that the Bills were an employer of the cheerleaders and dismissing them from the case would have been somewhat unfounded.  Never the less, this is more positive news to come along in regard to another lawsuit brought by N.F.L. cheerleaders.  First down!


Special thanks to Robin Abcarian with the Los Angeles Times for additional information on the topic: http://www.latimes.com/local/abcarian/la-me-ra-jills-cheerleaders-wage-theft-20140702-column.html

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