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
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