Media

R
elease

Assemblywoman Nily Rozic

FOR IMMEDIATE RELEASE:

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

Lawmakers + Cheerleaders to NFLs 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. Its 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 Leagues 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, were making important strides to ensure that women will no longer be
shortchanged in the workplace, and its 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 Gonzalezs legislation, which was signed into law in July.
###

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 squads
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 squads 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 Leagues lack of support for women.
With women currently making up 45% of the Leagues 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
Assemblywoman NY

Diane Savino
State Senator NY

Lorena Gonzalez
Assemblywoman CA

Crystal Peoples-Stokes
Assemblywoman NY

Didi Barrett
Assemblywoman NY

Sandra R. Galef
Assemblywoman NY

Andrew Hevesi
Assemblyman NY

Brian Kavanagh
Assemblyman NY

Donna Lupardo
Assemblywoman NY

Roxanne Persaud
Assemblywoman NY

Sean Ryan
Assemblyman NY

James Skoufis
Assemblyman NY

Capri Cafaro
State Senator OH

Laura Fine
Representative IL

Aravella Simotas
Assemblywoman NY

Mary Gonazlez
Representative TX

Pam Snyder
Representative PA

Pamela Lampitt
Assemblywoman NJ

Brooke Lierman
Delegate MD