Jack, Jills and the Buffalo Bills Before the 2014 season, Cailin Ferrari had con
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Question
Jack, Jills and the Buffalo Bills
Before the 2014 season, Cailin Ferrari had conflicting thoughts about continuing her dream of being a member of the Buffalo Jills, (the Buffalo Bill’s cheerleading team) or to seek employment elsewhere. For the past 48 years, the Jills were an important part of the Bills organization, entertaining fans both on and off the playing field. However, after some careful research, the Jills found themselves wondering if they should continue to entertain fans under tense circumstances.
Buffalo Jills
Established in 1967, the Jills began as a permanent replacement for the cheerleaders from Buffalo State College who previously cheered from the Buffalo Bills sidelines. The Jills cheerleaders recognized for their high spirit, dedication, and humanitarian nature, had become a favorite for the city of Buffalo. After 42 seasons of entertaining Bills fans, the Jills established the Buffalo Jills Alumni Association.
Buffalo Bills
The Buffalo Bills, located in Buffalo NY, is currently owned by Terrence and Kim Pegula. In 2016, Forbes reported the team value at one billion, five-hundred million dollars (see exhibit 1). New Era Field, formally Rich Stadium and later Ralph Stadium, has been the home for the Buffalo Bills since 1973. The stadium has a capacity seating for 71,870 Bills fans. NEF is currently within the top 15 in capacity in the National Football League.
Exhibit 1: Bills Value Breakdown
Financial Data
Sport
$1,118M
Market
$179M
Stadium
$139M
Brand
$63M
Legal Issues
In April 2014, five former Bills cheerleaders sued the team over a pay system that had them working hundreds of hours for free at games and at mandatory public appearances. Soon after, management suspended the dance team.
The class action lawsuit claimed the Jills cheerleaders were paid below minimum wage and were required to attend unpaid events. The former cheerleaders also alleged that the Jills were wrongly classified as independent contractors and were subjected to policies that violate the state's $8 per hour minimum wage law and other workplace rules (Rodak, 2014). The Jills were not paid for games or practices and had to make 20 to 35 community and charity events each season.
The Jills stated that at some of these sponsored events, they were made to feel uncomfortable by male attendees. They were forced to adhere to strict dress codes and behavioral guidelines set by the team. According to the Jills, the Buffalo Bills controlled everything from their physical appearance to music selection (Garcia, 2016). The Bills organization claimed the Jills were not traditional employees but independent contractors.
In a 1995 ruling by the National Labor Relations Board, the Jills were classified as non-exempt employees. A former employee of Cumulus Broadcasting Co. (formally Citadel Broadcasting Co), named Stephanie E. Mateczun, managed the Jills. The contracts gave Citadel/Cumulus the exclusive rights to run the Jills, and required each member of the cheerleading squad to sign independent contractor agreements that the Jills would not be paid for working Bills games (Davis, 2017).
National Football Association
Currently, only six teams in the National Football Association (NFL) do not have a cheerleading team, either by personal choice or in the Jills case, suspension: Buffalo Bills, Cleveland Browns, New York Giant, Pittsburgh Steelers, Green Bay Packers, and Chicago Bears.
The NFL has remained quiet with this issue. Rodger Goodell, the commissioner of the NFL stated, he had no knowledge of the Jills’ selection, training, compensation and/or pay practices. According to the NFLPA (National Football League Players Association), the NFL protects its players but has no mention of its cheerleader teams. As reported by the NFLPA website, the National Football League Players Association:
Represents all players in matters about wages, hours and working conditions.
Protects their rights as professional football players
Assures that all the terms of the Collective Bargaining Agreement are met.
Decision
New York State Supreme Court Justice Mark A. Montour decided the cheerleaders' 2005 agreement they signed were unenforceable, and that the plaintiffs were non-exempt employees and they were misclassified as independent contractors.
In response to the lawsuit, the Cheerleaders' Fair Pay Act would force team owners to treat the Jills as employees rather than independent contractors. The change would mean teams like the Buffalo Bills would have to comply with much stricter New York labor laws when it comes to cheerleaders' wages and workplace protections. Was the contract negotiable between both parties? Was the contract by the Jills signed under duress? What employment laws did the Buffalo Bills violate? Should the NFL create a regulated pay scale for all NFL cheerleaders?
1. What employment laws (if any) did the Buffalo bills violate? Please explain your answer thoroughly in either scenario?
2. Do you think the ruling was fair? Was there any ethical concerns in the case? Discuss your view point.
Financial Data
Sport
$1,118M
Market
$179M
Stadium
$139M
Brand
$63M
Explanation / Answer
1) Buffalo bills violated wage and hour laws, along with accusations of poor and disrespectful working conditions. Minimum wage laws have been violated and they also weren’t compensated for mandatory promotional appearances, practices or expenses.
2) The ruling was not fair; they should treat their cheer leaders as employees under state law, and provide them with the same rights and benefits as other employees. They should be paid minimum wage. NFL is liable for the actions of its franchises. They should ensure that all the employees are treated in comportment with whatever the state law is. If the team exercises sufficient control on these cheerleaders to be considered as an employee, the cheerleaders’ connections to the team require compliance with labor law standards.
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