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From Pom Poms to the Courtroom: NFL Cheerleaders File Class Action


Stop me if you have heard this one before:  Cheerleaders file a lawsuit against their employer (the team and/or league) on the grounds that they are being improperly paid low wages in violation of the Fair Labor Standards Act.  (For those who might recall, cheerleader wage & hour lawsuits have been quite common in recent years:  Oakland Raiders (1); Oakland Raiders (2); Cincinnati Bengals; Buffalo Bills; New York Jets; Tampa Bay Bucs; Milwaukee Bucks).

On January 31, a proposed class action lawsuit (brought by a "Jane Doe" on behalf of herself and all others similarly situated) was filed in federal court in San Francisco by four cheerleaders from two different teams (the San Francisco 49ers and the Oakland Raiders) with damages being sought between $100 and $300 million.  Although these cheerleaders come from only the two teams, the lawsuit names all 26 teams which have cheerleaders as well as the league itself.  The lawsuit follows the lead of the prior cheerleader lawsuits and alleged that the teams improperly paid its cheerleaders about $100/game and in other instances did not compensate them at all for time spent practicing or for mandatory public appearances.

However, this case takes things one step further, in comparison to the other cheerleader wage & hour lawsuits that have been filed.  This lawsuit has alleged a decades old conspiracy among teams in the league, in violation of federal antitrust law.  According to the facts alleged, in annual meetings, contract negotiations, and other company venues, the teams and the league conspired to:

  • Ban professional cheerleaders from being recruited to other squads;
  • Pay flat, per game pay rates that were so low that many of these cheerleaders had to work other jobs to make a living;
  • Not pay the cheerleaders for time spent practicing;
  • Not pay the cheerleaders for time spent in community outreach events;
  • Prohibit the cheerleaders from being employed by other professional cheerleading teams (not just those within the NFL);
  • Prohibit the cheerleaders from discussing their wages with each other; and
  • File with the NFL all cheerleading contracts to ensure participating with the alleged conspiracy.

Prior to several of the cheerleader wage & hour lawsuits brought in recent years, many cheerleaders earned little ($125/game to be a part of the Oakland Raiderettes) or nothing at all (to be a part of the Buffalo Jills).  Since that time, while cheerleaders in the league now receive an hourly minimum wage rate, after expenses (ie for hair, makeup, audition fees, etc) it often adds up to barely $1,000.00.  With all the time required to be a part of these professional cheerleading teams (such as practices, appearances, pre-game, post-game, etc), that $1,000.00 is a small pittance.  However, this lawsuit takes things in an entirely different direction with the allegation of a league wide conspiracy to purposefully suppress wages...something that the prior cheerleader lawsuits have not directly addressed.

Interesting to see how this one plays out.  Since the lawsuit was just filed in late January, no formal answer has been filed as of yet.  I would keep an eye on how the teams & league respond...and whether any other similar lawsuits might follow this one.


For additional information:  http://www.sfgate.com/bayarea/article/NFL-hit-with-lawsuit-by-cheerleaders-demanding-10900824.php

For a copy of the petition filed with the Court:  pdfserver.amlaw.com/ca/NFLCheerleaderantitrust.pdf

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