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Cincinnati Bengals May Have Violated Fair Labor Standards Act
Author: Scarinci Hollenbeck, LLC
Date: March 7, 2014
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Fair Labor Standards Act Violation
NFL teams employ cheerleaders to roam the sidelines during games for the purpose of entertaining fans and cheering on the players. It also appears that some teams may be taking advantage of these women with poor wages as the second complaint in a few months was recently filed against a team. These issues may, in fact, violate the Fair Labor Standards Act.
Previously, Oakland Raiderettes claimed they were underpaid, and now a Cincinnati Bengal’s cheerleader has lodged a similar complaint. According to Fox Sports, Alexa Brenneman said she is compensated at most – $90 per home game – despite attending mandatory practices, public appearances and calendar posing and promotions.
The Complaint
Brenneman’s complaint accuses the Bengals of violating the Fair Labor Standards Act, which created a federal minimum wage of $7.25 per hour. She said she works more than 300 hours a year for the team, and her pay comes out to less than $2.85 per hour. If that is the case, the team is also in violation of the Ohio Minimum Fair Wage Standards Act, which states employees in Ohio must be paid at the wage rate of no less than $7.85 per hour, which is the current minimum wage in Ohio.
With the negative attention these cases have brought to the teams it will be interesting to see if the NFL changes its policies for using independent contractors – which cheerleaders are considered. Professional sports teams need to be sure that agreements with independent contractors meet federal and state labor laws or else risk facing legal action like the Oakland Raiders and Cincinnati Bengals.
Organizations that are unsure as to whether or not their agreements are in compliance with labor laws would be wise to seek the consultation of a sports attorney.
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