FOR IMMEDIATE RELEASE: September 9, 2015 Meagan Molina (Rozic), 718-820-0241 Shannon Watkins (Savino), 718-727-9406 Evan McLaughlin (Gonzalez), 619-850-2790

Assemblywoman  Nily  Rozic  Media  Release  

   

Lawmakers + Cheerleaders to NFL’s Goodell: Pay Your Cheerleaders!

 Lawmakers across the country sign and release official letter to NFL

Lacy T, former Raiders cheerleader, calls on Goodell to show “leadership”

Buffalo Jills speak out

New York, NY –The day before the official start of football season, New York Assemblywoman Nily Rozic (D,WF-Fresh Meadows), State Senator Diane Savino (D,WF,I-Staten Island) and California Assemblywoman Lorena Gonzalez (D-San Diego), have a message for NFL Commissioner Roger Goodell: pay your cheerleaders! In an open letter to the NFL, lawmakers are calling on the Commissioner to put to rest the ongoing and sexist labor abuses against professional cheerleaders (see attached). Co-signed by state lawmakers from Ohio, New Jersey, Texas, Pennsylvania, Illinois, New York, California, and Maryland, the letter details the rampant misclassification of cheerleaders as independent contractors instead of employees. To date, cheerleaders have filed lawsuits against five teams: the Buffalo Bills, Oakland Raiders, New York Jets, Tampa Bay Buccaneers, and Cincinnati Bengals. The respective suits allege a variety of claims including but not limited to sub-minimum pay, failure to reimburse for mandatory expenses, fraudulent misclassification, and penalties for minor infractions with unlawful deductions from earnings. “The hard working women of the NFL want to be cheering on the teams they love, not screaming for fair wages. But in the two years since we filed the first wage theft lawsuit, the NFL has yet to address the league on this issue. It’s time for Roger Goodell to step up and show leadership by recognizing the value professional cheerleaders create, and paying them like the real employees they are,” said Lacy T., former Raiderette. “I have been a Bills fan my entire life. To be on the field as an NFL cheerleader was a dream come true, but it required hours and hours of practice, appearances and preparation that we were not paid for,” said former Buffalo Jill, Maria P.

 

“Five lawsuits make clear that this issue is widespread and in need of regulation. Professional cheerleaders contribute to the League’s success just as much as the players, coaching staff, and stadium workers. Failure to provide fair wages and the most basic workplace protections is not only illegal, but unacceptable in an industry where teams average billions in net worth,” said Assemblywoman Rozic, who chairs the Subcommittee on Emerging Workforce. “What people forget is that NFL Cheerleaders, like many employees in football, work throughout the year and on game days to make football Sundays the thrilling and profitable experience that the NFL promotes,” said Alyssa U. a former Jill and one of six Jills plaintiffs. “The fact that the NFL which is a multi-billion dollar industry is not paying fair wages to their cheerleaders is absurd and disgraceful. These women, just like the players, staff and management show up to do a job year round and should be paid as such. With most of its fanbase being primarily male, this would be the perfect opportunity for the National Football Leauge to show not only the cheerleaders but their female fans, that they stand in support of the fight for not only fair wages but equal rights,” said Senator Savino. “All across the country, we’re making important strides to ensure that women will no longer be shortchanged in the workplace, and it’s time for the NFL to catch up,” said Assemblywoman Gonzalez, a former high school and collegiate cheerleader. “The NFL has the opportunity and obligation to send a clear message to its teams, employees, and fans that mistreatment and discrimination will no longer be tolerated by the league,” said Assemblywoman Gonzalez. “The value professional cheerleaders bring to sports teams economically and socially far outweighs their compensation. Professional sports organizations like the NFL and NBA consider it appropriate to compensate us at minimum wage, or less, for what is extremely athletic and aerobic entertainment. This situation is a continued example of how these organizations treat woman as second class citizens,” said Lisa Murray, a former cheerleader for the Golden State Warriors. Background In June, Rozic and Savino introduced legislation to codify into law that cheerleaders are employees, not independent contractors, and entitled to all the protections thereof. Their bill mirrors Gonzalez’s legislation, which was signed into law in July.

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                    September 9, 2015 Commissioner Roger Goodell NFL Headquarters 345 Park Ave New York, NY 10065 Dear Commissioner Goodell: Over the past year, the National Football League has been making headlines due to a series of wage theft lawsuits that have been filed by professional cheerleaders against their respective teams. To date, cheerleaders for the Oakland Raiders, Tampa Bay Buccaneers, New York Jets, Buffalo Bills, the Cincinnati Bengals have filed lawsuits alleging minimum wage violations. These class action complaints outline a system of abuses against cheerleaders including but not limited to failure to pay in a timely manner, reimburse for mandatory expenses, adhere to the notice and record keeping requirements under state labor laws, and penalties for minor infractions with unlawful deductions from earnings. As you may know, legislation has been signed into law in California and introduced in New York that addresses these widespread wage theft cases. We write to you as this rampant misclassification of professional cheerleaders has come to the attention of legislators across the country where the issue of “employee” vs. “independent contractor” has been brought into question in various workforce sectors. The United States Bureau of Labor Statistics defines “employee” as “a person in the service of another under any contract of hire, expressed or implied, oral or written, where the employer has the power or right to control and direct the employee in the material details of how the work is to be performed.” Misclassification of employment can have significant consequences because it can make the difference between being qualified or denied for labor and wage protections. In a highly visible and lucrative industry such as the NFL, it is in its best interest that every individual be compensated for services. Although cheerleaders for several NFL teams have signed contracts that have included clauses describing their employment status as independent contractors, exempting them from the Fair Labor Standards Act (FLSA) and Occupational Safety and Health Act of 1970 (OSHA), both FLSA and OSHA clearly afford them protections from endangerments of health and safety and wage theft.

   

 

With lawsuits having been filed against five NFL teams, details have arisen surrounding the legality of these contracts given the role a franchise plays in managing and controlling a squad’s activities. In the case of the Buffalo Jills Cheerleading Squad, their lawsuit against the Buffalo Bills (“Bills”) reveals that they are bound by the Bills’ code of conduct and general standards, and that the Bills are actively involved in the squad’s plans, ideas, programs, and sponsorships. It is well known that NFL cheerleaders work year-round promoting the franchise they represent by doing charity work and shooting for calendars and photos that are used on team websites and memorabilia, and generate revenue. Given the amount of similarities outlined in the lawsuits, there is reason to believe that the issue of misclassification and wage theft is not just prevalent among the teams that have been sued. As a multi-billion dollar industry, the NFL has an opportunity to correct this economic injustice. In doing so, you are affording professional cheerleaders with the same rights and protections enjoyed by the players, coaching staff, and stadium workers – all of whom contribute to your success. Over the past years, the NFL has had to address cases of sexual assault and domestic violence. Each of them resulting in negative headlines suggesting the League’s lack of support for women. With women currently making up 45% of the League’s fan base, it is clear that there is opportunity now to take a stance on issues that hinder economic and social progress in a nation that has come far in the fight for fair wages and equal rights. Thank you for your attention to this matter, and we look forward to a prompt reply.

Nily Rozic Diane Savino Lorena Gonzalez Assemblywoman – NY State Senator – NY Assemblywoman – CA

Crystal Peoples-Stokes Didi Barrett Sandra R. Galef Assemblywoman – NY Assemblywoman – NY Assemblywoman – NY

Andrew Hevesi Brian Kavanagh Donna Lupardo Assemblyman – NY Assemblyman – NY Assemblywoman – NY

Roxanne Persaud Sean Ryan James Skoufis Assemblywoman – NY Assemblyman – NY Assemblyman – NY

Aravella Simotas Capri Cafaro Laura Fine Assemblywoman – NY State Senator – OH Representative – IL

 

Mary Gonazlez Pamela Lampitt Brooke Lierman Representative – TX Assemblywoman – NJ Delegate – MD

Pam Snyder Representative – PA