NFL Cheerleader Lawsuit Alleges Unfair Pay and Denied Overtime

The Dallas Cowboys Football Club Ltd. is facing a putative class action lawsuit, which was filed by a former Dallas Cowboy cheerleader alleging various federal wage and hour violations.

The NFL cheerleader lawsuit alleges that the football league failed to pay her and other cheerleaders an reasonable hourly rate, which should have included overtime and other benefits that would be provided to non exempt employees.

The wage and hour lawsuit states the football league not only violated the Fair Labor Standards Act (FLSA), but also the Equal Pay Act because the defendant failed to pay the cheerleaders the same rate as “Rowdy” the team mascot, who is a male employee.

Overview of NFL Cheerleader Lawsuit

Lead plaintiff Erica W. says she was a part of the team from May 2014 to August 2017. During this time, she alleges the Dallas Cowboys Football Club paid her and other cheerleaders only $8 per hour.

In comparison, the team mascot was paid $25 per hour even though both positions required the same occupational duties. Erica alleges this pay scale is in direct violation of the Equal Pay Act, which is meant to combat the gender pay gap as well as workplace discrimination.

“During the three year period preceding the date this lawsuit was filed, defendant paid its male mascot approximately $65,000 per year. [P]laintiff’s total annual gross wages from defendant were approximately $5,817.99 in 2014, $12,381.09 in 2015, $16,516.01 in 2016, and approximately $8,424.66 in 2017,” the complaint states.

In addition to the pay gap pointed out in the NFL cheerleader lawsuit, Erica alleges that the Dallas Cowboys Football Club that not only was her hourly wage significantly lower than the mascot but she was not paid on weekly basis.

According to the claim, Erica and other cheerleaders were deprived of wages during game day events, even though they were required to be present and perform their occupational duties.

Due to the fact that she and others were often not paid on these days, Erica’s hourly rate is more accurately calculated to be below $7.25, which is the lowest minimum wage rate allowed by the FLSA. According to the FLSA, employees who work over 40 hours a week or eight hours in a single workday must be paid an overtime rate of 1.5x their hourly rate.

The lack of payment allegedly caused Erica and other cheerleaders to be regularly denied overtime pay, adding to the alleged violations against federal labor laws.

In addition, Erica was reportedly instructed to make social media posts highlighting her life as a cheerleader for the Dallas Cowboys to help with various business operations. Erica says she was also not paid for her time doing these tasks, which further added to the missing wages.

This NFL cheerleader lawsuit is one of several recent claims that have been filed, with cheerleaders alleging they were denied fair pay, overtime, and were not paid for all hours worked. For example in August 2015, the Cincinnati Bengals agreed to pay $255,0000 to settle their own NFL cheerleader lawsuit.

Erica’s NFL cheerleader lawsuit is seeking damages for all missing wages, denied overtime and violations against the Equal Pay Act.

This NFL Cheerleader Lawsuit is Case No. 3:18-cv-01511, in the U.S. District Court for the Northern District of Texas.

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