Class action status for a lawsuit by former “Buffalo Jills” cheerleaders for the Buffalo Bills football team was upheld Sept. 29 by the New York Appellate Division. The ruling was one battle in the cheerleaders’ independent contractor misclassification suit against the National Football League, the Buffalo Bills and Cumulus Radio Company.
“Given the evidence that members of the Buffalo Jills worked fewer than 400 uncompensated hours in a single season, we conclude that this is a case where the cost of prosecuting individual actions would deprive many of the putative class members of their day in court,” according to the court.
The Buffalo Jills were not paid for performing at games or taking part in practice, but were to be paid on a “per appearance” basis at events other than Buffalo Bills games. However, they were required to model for a calendar, sell a certain number of copies of the calendar, sell tickets to an annual golf tournament, instruct at an annual cheerleading camp and attend promotional events.