Skip to main content

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

Comments

Post a Comment

Popular posts from this blog

NLRB: Discussion Among Employees About Tip Pooling is Protected Concerted Activity

  This Advice Memorandum from the National Labor Relations Board’s Associate General Counsel, Jayme Sophir, addressed whether employees which discussed and complained about tip pooling at work constituted protected concerted activity. In relevant part, an employer in New York operated a chain of steakhouses.  While tip pooling was in place at these steakhouses, some of the employees objected to it on the grounds that it was not transparent and improperly divided tips among the workers.  Employees were told not to complain or talk to each other about the tip pool and were told that doing so would endanger their jobs.  Despite the employer later attempting to provide some clarity as to how the tips were being divided, rancor still existed among some employees.  At one point, the employees were told by a general manager that some employees that had been talking about the tip pool were “cleared out” and the employer would continue to do so. In the Advice Memorandum,...
Post a Comment
Read more

Breaking: Labor Secretary Rumored to Be Leaving Administration

A few hours ago, word leaked out that Labor Secretary Marty Walsh (“Walsh”) is in the midst of negotiations to head up the NHL Players Union and leave his position at the Labor Department. Walsh, who has served as the sole Labor Secretary under President Biden, has taken part in a labor renaissance of sorts as support for organized labor has increased during his term as Labor Secretary (although the number of workers that have joined a union over the past two years has not grown as mush as some expected.)  He has also overseen the ongoing negotiations with rail workers over a new contract, although that matter is still on shaky ground and playing out as we speak. As for who might step into the vacant Labor Secretary role, there are already rumblings that President Biden should nominate Deputy Labor Secretary Julie Su (a strong labor advocate) or even a progressive like Senator Bernie Sanders.  Until Walsh officially gives his notice, however, I would expect some/many potential...
Post a Comment
Read more

Distance in a Non-Compete Agreement Measured "As the Crow Flies"

Ginn v. Stonecreek Dental Care - Court of Appeals, Twelfth Appellate District of Ohio Facts :  Dr. R. Douglas Martin ("Martin") sold his dental practice to an employee who worked there, Dr. David Ginn ("Ginn").  In doing so, Martin and Ginn signed a contract for the sale which contained a non-compete provision that prohibited Martin from engaging in business "within 30 miles" of the practice for five years starting from October 2010.  While Martin initially stayed on and worked with Ginn for a period, the relationship subsequently deteriorated between the two and Martin went to work for another dental office.  The new dental office was less than 30 miles away when measuring the distance in a straight line.  However, when driving between the offices, the distance was more than 30 miles. Ginn filed a claim against Martin on the grounds that Martin breached the non-compete.   At the trial court level, the court found that "within 30 miles"...
Post a Comment
Read more