Skip to main content

From Pom Poms to the Courtroom: Dallas Cowboys Edition


Another month, and yet another N.F.L. cheerleader lawsuit has been filed in regard to Fair Labor Standards Act ("FLSA") issues.  As readers are well aware, over the past few years, N.F.L. and N.B.A. cheerleaders have filed numerous FLSA and discrimination suits against their teams and the leagues.  For those keeping count, lawsuits have been filed against several teams including the Raiders, Bengals, Bills, Jets, Buccaneers, Raiders (again), Bucks, Saints, and Texans.  Although some of those cases have ended up settling, others have continued on without a resolution.  As I have pointed out previously, one of the sticking points with many of these FLSA suits is a provision in the employment agreement that all disputes will be resolved via arbitration...rather than in court.

With that being said, last week, a former Dallas Cowboys cheerleader filed suit against the team and alleged that the Cowboys failed to pay her minimum wage and overtime.  The cheerleader, Erika Wilkins, claims she was paid $8/hour for practices and a flat rate for games and other appearances but was not paid for all the hours she worked (which included practices, training, and filming for the CMT show Dallas Cowboys Cheerleaders:  Making the Team).  As a result, Wilkins argues that she is owed unpaid overtime wage, minimum wages, and all other available damages.

This suit is interesting, albeit a bit different than other related cheerleader lawsuits, in so much that Wilkins alleges that the team's mascot, Rowdy, makes $25/hour and about $65,000.00 per year plus commission.  Wilkins argues that Rowdy's job required "equal skill, effort, and responsibility under similar working conditions..."  This is an interesting argument, as Wilkins is attempting to draw a line between what the mascot (played by a male) makes in comparison to the all female cheerleading group in an attempt to establish a violation of the Equal Pay Act.  (For those needing a refresher, the Equal Pay Act, in relevant parts, states that "No employer...shall discriminate...between employees on the basis of sex by paying wages to employees...at a rate less than which he pays wages to employees of the opposite sex...for equal work on jobs, the performance of which require equal skill, effort, and responsibility...").

Several former Dallas Cowboys cheerleaders have come out in the past few days in support of the team and somewhat critical of Wilkins.  I link readers to the below article to see some of what is being said in regard to this lawsuit.  For the time being, the team itself has not commented on the lawsuit.


 

Comments

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,...

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...

San Diego Rolls Back Vaccine Mandate For City Workers

Last Tuesday, the San Diego City Council voted to do away with the vaccine mandate for city employees. The city’s vaccine mandate that was in place required city workers to get the coronavirus vaccine or risk termination.  Perhaps to this surprise of no one, the city’s policy came under fire with 14 employees being terminated and over 100 other employees resigning.  With the coronavirus subsiding, including in Southern California, the San Diego City Council took action. Now, bear in mind, the repeal of the vaccine mandate does not take place immediately. With that being said, the mandate will be repealed March 8th.  I suppose the question now is, what other cities or regions follow San Diego’s lead? For additional information:   https://www.sandiegouniontribune.com/news/politics/story/2023-01-24/san-diego-repeals-controversial-covid-19-vaccine-mandate-citing-drop-in-cases-hospitalizations