In the last couple of years NFL cheerleaders across the nation have challenged NFL teams to resolve issues of unfair pay and treatment. Following in the footsteps of cheerleaders for the Oakland Raiders, Cincinnati Bengals and Buffalo Bills, the cheerleaders for the New York Jets will finally see a resolution to their fight for better pay. The cheerleaders, also known as the Flight Crew claimed that the Jets violated the FLSA by improperly classifying them as independent contractors and failing to pay proper minimum wage and overtime. Recently, lawmakers have urged the NFL to step forward as a leader to help ensure all professional cheerleaders receive employee pay and protections they deserve. In response to this, an NFL spokesman stated that as an organization, they expect that individual teams and clubs comply with federal, state and local wage and hour laws.
Even though recent laws in some states are seeking to rectify this, currently, the vast majority of professional cheerleaders are not considered actual employees of their sports teams. Often, when workers are independent contractors as opposed to official employees they can easily be taken advantage of. In this case, the NY Jets’ cheerleaders were paid $150 per game but were never compensated for practices, appearances or photo shoots. The cheerleaders would also have to pay out of pocket costs for makeup, hair styling and transportation, something they argued should have been expensed by the sports team as they had complete authority over the dancers’ appearance. For example, the NY Jets require that the cheerleaders sport straight hair, so cheerleaders who had naturally curly hair would have to have their hair straightened. With all of this considered, the plaintiffs alleged the Flight Crew was paid less than minimum wage by FLSA standards.
The FLSA lawsuit, initiated back in August 2014, has been resolved as a class action on behalf of 52 current and former cheerleaders for a total of $325,000. The lawsuit applies to cheerleaders who worked in the 2012 and 2013 season. Each of the 52 dancers will receive $2,500 per season worked and will be eligible to receive an additional $400 per shoot if they were photographed in the teams annual calendars. An eligible cheerleader will see anywhere from $2,559 to $5,913 each.
It is not always easy to understand if you are being classified and paid correctly as an employee. Companies may willfully misclassify you as an independent contractor and fail to pay the proper minimum wage for all hours worked as well as overtime compensation for hours worked over forty per work week. If you feel your aren’t being paid correctly under the FLSA or have questions as to your employment classification give our firm a call at 212-300-0375 or visit www.fslawfirm.com for more information. We are strongly committed to protecting the rights of hard working employees.