Jack, Jills and the Buffalo Bills
Before the 2014 season, Cailin Ferrari had conflicting thoughtsabout continuing her dream of being a member of the Buffalo Jills,(the Buffalo Bill’s cheerleading team) or to seek employmentelsewhere. For the past 48 years, the Jills were an important partof the Bills organization, entertaining fans both on and off theplaying field. However, after some careful research, the Jillsfound themselves wondering if they should continue to entertainfans under tense circumstances.
Buffalo Jills
Established in 1967, the Jills began as a permanent replacementfor the cheerleaders from Buffalo State College who previouslycheered from the Buffalo Bills sidelines. The Jills cheerleadersrecognized for their high spirit, dedication, and humanitariannature, had become a favorite for the city of Buffalo. After 42seasons of entertaining Bills fans, the Jills established theBuffalo Jills Alumni Association.
Buffalo Bills
The Buffalo Bills, located in Buffalo NY, is currently owned byTerrence and Kim Pegula. In 2016, Forbes reported the team value atone billion, five-hundred million dollars (see exhibit 1). New EraField, formally Rich Stadium and later Ralph Stadium, has been thehome for the Buffalo Bills since 1973. The stadium has a capacityseating for 71,870 Bills fans. NEF is currently within the top 15in 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 overa pay system that had them working hundreds of hours for free atgames and at mandatory public appearances. Soon after, managementsuspended the dance team.
The class action lawsuit claimed the Jills cheerleaders werepaid below minimum wage and were required to attend unpaid events.The former cheerleaders also alleged that the Jills were wronglyclassified as independent contractors and were subjected topolicies that violate the state's $8 per hour minimum wage law andother workplace rules (Rodak, 2014). The Jills were not paid forgames or practices and had to make 20 to 35 community and charityevents each season.
The Jills stated that at some of these sponsored events, theywere made to feel uncomfortable by male attendees. They were forcedto adhere to strict dress codes and behavioral guidelines set bythe team. According to the Jills, the Buffalo Bills controlledeverything from their physical appearance to music selection(Garcia, 2016). The Bills organization claimed the Jills were nottraditional employees but independent contractors.
In a 1995 ruling by the National Labor Relations Board, theJills were classified as non-exempt employees. A former employee ofCumulus Broadcasting Co. (formally Citadel Broadcasting Co), namedStephanie E. Mateczun, managed the Jills. The contracts gaveCitadel/Cumulus the exclusive rights to run the Jills, and requiredeach member of the cheerleading squad to sign independentcontractor agreements that the Jills would not be paid for workingBills 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 orin the Jills case, suspension: Buffalo Bills, Cleveland Browns, NewYork Giant, Pittsburgh Steelers, Green Bay Packers, and ChicagoBears.
The NFL has remained quiet with this issue. Rodger Goodell, thecommissioner of the NFL stated, he had no knowledge of the Jills’selection, training, compensation and/or pay practices. Accordingto the NFLPA (National Football League Players Association), theNFL protects its players but has no mention of its cheerleaderteams. As reported by the NFLPA website, the National FootballLeague Players Association:
Represents all players in matters about wages, hours and workingconditions.
Protects their rights as professional football players
Assures that all the terms of the Collective BargainingAgreement are met.
Decision
New York State Supreme Court Justice Mark A. Montour decided thecheerleaders' 2005 agreement they signed were unenforceable, andthat the plaintiffs were non-exempt employees and they weremisclassified as independent contractors.
In response to the lawsuit, the Cheerleaders' Fair Pay Act wouldforce team owners to treat the Jills as employees rather thanindependent contractors. The change would mean teams like theBuffalo Bills would have to comply with much stricter New Yorklabor laws when it comes to cheerleaders' wages and workplaceprotections. Was the contract negotiable between both parties? Wasthe contract by the Jills signed under duress? What employment lawsdid the Buffalo Bills violate? Should the NFL create a regulatedpay scale for all NFL cheerleaders?
1.) Discuss the social responsbility (if any) for the NFL andthe Buffalo Bills.
2.) Should the NFL creat a regulated pay scale for all NFLCheerleaders? Or a union for the cheerleading team? Why or whynot?
3.) Was the contract negotiable between both parties?
