Bucks Cheerleader Sues the Bucks

[Eldon]

https://gma.yahoo.com/nba-cheerleader-files-1st-lawsuit-against-basketball-team-142659383--abc-news-personal-finance.html#



While NBA players and coaches receive multi-million dollar salaries, one former NBA cheerleader is claiming she earned less than minimum wage.

Former Milwaukee Bucks cheerleader Lauren Herington is suing the team over the alleged low pay, the first lawsuit of its kind in the NBA. There have been similar lawsuits in the NFL.

"They hold you to such a high standard but yet that's not what they pay you," Herington told ABC News' "Good Morning America." "So it is disheartening and they expect you to put in so much time and effort for it."

Herington filed the lawsuit in federal court in Milwaukee on Sept. 24 citing the Fair Labor Standards Act.

The NFL faced similar lawsuits last year claiming teams violated minimum wage laws, starting with a former cheerleader who sued the Oakland Raiders. Suits against the Buffalo Bills, New York Jets, Tampa Bay Buccaneers and the Cincinnati Bengals followed. The lawsuits against the Bills and Jets are still pending, while the others have settled.

Herington claims dancing for the Bucks was like a full-time job with part-time pay. During the 2013 to 2014 season, she said she spent hours preparing and performing but was paid only $65 dollars per home game, $30 for practices and $50 for special appearances. She claims that she was paid an average of $3 to $5 an hour for the time she worked, well below Wisconsin's $7.25 minimum wage. She also claimed she was paid nothing for the required personal upkeep.

"They didn't pay for the haircuts, the nails, the tanning," her attorney Ryan Stephan said. "We're dealing with women who are 19, 20, 21 years old. They really don't have the resources to pay for those things."

The Milwaukee Bucks said in a statement, "We treat all of our employees fairly, including our Bucks dancers, and pay them fairly and in compliance with federal and state law."

The NBA said that it works with its teams "to ensure that they comply with all applicable wage and working condition laws."

So basically: 'I did a lot of off the clock work and I should be compensated for that work.'  This woman must not know any lawyers.  I mean when you factor in law school debt, plus undergrad debt, plus low pay (for quite a few of them), plus the long hours...

[ChicosBailBonds]

I hate it when people put guns to people's heads and force them to work.......



She can't be a victim by the way....Pakuni will tell you why.

[warriorchick]

I hate it when people put guns to people's heads and force them to work.......


She can't be a victim by the way....Pakuni will tell you why.

Sorry, Chicos, but you are off base here.  If you are requiring your paid staff to be present somewhere for a certain amount of time, you have to give them at least the minimum wage.  That's the law.

If pro sports teams don't want to do that, they would be better off making cheerleaders a strictly volunteer position.

[wadesworld]

I hate it when people put guns to people's heads and force them to work.......



She can't be a victim by the way....Pakuni will tell you why.

So long as Chicos can go into her locker room everything is fair, people.

PS, siting a public post by a college aged male student athlete = creepy.

Needing to go find a picture of the cheerleader who is suing for being paid less than the minimum wage = perfectly normal.

Anybody think Chicos would've gone and found pictures of the guy if this were Bango the Buck filing the lawsuit?  Just asking for equality here is all, really.

[4everwarriors]

BeeJay, whatda ya say, Bro? I could fix up that smile line with a little electrosurgery or laser gingiplasty, hey?

[mu03eng]

I hate it when people put guns to people's heads and force them to work.......



She can't be a victim by the way....Pakuni will tell you why.

[GGGG]

Chicos has become a parody of Chicos.

[StillAWarrior]

Sorry, Chicos, but you are off base here.  If you are requiring your paid staff to be present somewhere for a certain amount of time, you have to give them at least the minimum wage.  That's the law.

If pro sports teams don't want to do that, they would be better off making cheerleaders a strictly volunteer position.

Even that is problematic.  DOL doesn't look too kindly on for-profit companies having "volunteers."  I vaguely recall the Vikings having to change their plan to have "volunteers" shovel snow at the stadium -- presumably after someone advised them it would be illegal as hell.

[ChicosBailBonds]

Sorry, Chicos, but you are off base here.  If you are requiring your paid staff to be present somewhere for a certain amount of time, you have to give them at least the minimum wage.  That's the law.

If pro sports teams don't want to do that, they would be better off making cheerleaders a strictly volunteer position.

It's part of the job.  The benefits of being a cheerleader go beyond the pay.  I've had a Baltimore Ravens cheerleader intern for me as well as two Laker girls, so I have a bit of experience in this.  For some, it is to get noticed for modeling jobs, acting jobs, etc.  Some, literally, want to catch a guy....words directly out of their mouths.  Others, because they just love sports or want to be part of the community.

Point is, they know the pay sucks, but they know there are other benefits that go along with it.  Travel, exotic trips to shoot calendars, linkage to other jobs, etc.  They know going in what the requirements are and NO ONE is putting a gun to their head to take these jobs.  It is a means to an end for bigger, better stuff.

Now, where I would agree with you is if they didn't disclose the other requirements in advance to her, but if they didn't then that is piss poor on the Bucks.   Typically they outline that you will be required as part of your gig to be at X number of outside functions during the season.   Don't like it?  Don't be a cheerleader.

[GGGG]

It's part of the job.  The benefits of being a cheerleader go beyond the pay.  I've had a Baltimore Ravens cheerleader intern for me as well as two Laker girls, so I have a bit of experience in this.  For some, it is to get noticed for modeling jobs, acting jobs, etc.  Some, literally, want to catch a guy....words directly out of their mouths.  Others, because they just love sports or want to be part of the community.

Point is, they know the pay sucks, but they know there are other benefits that go along with it.  Travel, exotic trips to shoot calendars, linkage to other jobs, etc.  They know going in what the requirements are and NO ONE is putting a gun to their head to take these jobs.  It is a means to an end for bigger, better stuff.

Now, where I would agree with you is if they didn't disclose the other requirements in advance to her, but if they didn't then that is piss poor on the Bucks.   Typically they outline that you will be required as part of your gig to be at X number of outside functions during the season.   Don't like it?  Don't be a cheerleader.

Of course you have experience with this.  You always seem to.

And none of the first two paragraphs matter.  We have minimum wage laws in this country.  They should be upheld.  Having "side benefits" doesn't excuse them.  And most especially the "no one forces them to take the job" line.  What a bunch of crap.  My kids didn't have to take jobs in high school, but I damn well expected them to receive minimum wage.  You know.  The law.

[ChicosBailBonds]

So long as Chicos can go into her locker room everything is fair, people.

PS, siting a public post by a college aged male student athlete = creepy.

Needing to go find a picture of the cheerleader who is suing for being paid less than the minimum wage = perfectly normal.

Anybody think Chicos would've gone and found pictures of the guy if this were Bango the Buck filing the lawsuit?  Just asking for equality here is all, really.

Her picture came with one of the articles smart guy.

https://www.google.com/search?q=Lauren+Herington&oq=Lauren+Herington&aqs=chrome..69i57j0l5.231j0j4&sourceid=chrome&es_sm=93&ie=UTF-8#q=Lauren+Herington&tbm=nws

I'd be happy to pose a picture of Bango, do they show who is under the costume?  Or are they all like this?

http://www.nba.com/bucks/community/madison-childrens-hospital-fireman-rob-foundation

[real chili 83]

Chicos,

I generally agree with what you wrote about the cheerleaders knowing what they are signing up for.  If there is full disclosure, and they sign up for it, then what's the problem.

On the other hand, the DOL are fanatics about investigating big name targets for the publicity.  Also, non-payment of overtime is punishable with fines that are triple the infraction.  Lawyers salivate for these kind of lawsuits because of how lucrative they are.  This likely won't go away unless the Bucks settle.

[Eldon]

Even that is problematic.  DOL doesn't look too kindly on for-profit companies having "volunteers."  I vaguely recall the Vikings having to change their plan to have "volunteers" shovel snow at the stadium -- presumably after someone advised them it would be illegal as hell.

Cut their pay to zero and relabel them interns in the performing arts department of the Bucks.  No?

[Eldon]

Of course you have experience with this.  You always seem to.

And none of the first two paragraphs matter.  We have minimum wage laws in this country.  They should be upheld. Having "side benefits" doesn't excuse them.  And most especially the "no one forces them to take the job" line.  What a bunch of crap.  My kids didn't have to take jobs in high school, but I damn well expected them to receive minimum wage.  You know.  The law.

The article in the OP doesn't state how many hours each event/practice/game is, but I agree that if she worked X number of hours, she needs to have at least $7.25 for each of those hours.  I mean that's just the law.  There are no if ands or buts.

Now, regarding outside "work" like getting your nails done, staying in shape, etc., those things are part of the uniform of being a cheerleader.  I have to dress nice when I work.  Does my employer buy my dress shoes?  Does my employer compensate me for the two hours I stand in line at Wal-Mart while I buy new blazers? 

This woman is in for a rude awakening when she gets a full-time, salaried job and isn't compensated at time-and-a-half when she works that 41st hour.

[ChicosBailBonds]

Of course you have experience with this.  You always seem to.

And none of the first two paragraphs matter.  We have minimum wage laws in this country.  They should be upheld.  Having "side benefits" doesn't excuse them.  And most especially the "no one forces them to take the job" line.  What a bunch of crap.  My kids didn't have to take jobs in high school, but I damn well expected them to receive minimum wage.  You know.  The law.

In this case I do.  This is a sports board, I've been in the sports field for decades, so yes....by the very nature of it, I'm going to have a lot of experience in these areas.

Sorry, the first two paragraphs you don't like, but they do matter because they provide real context into the WHY people take these jobs.

Her upkeep claims?  Laughable.  Do I get a clothing allowance?  A haircut allowance?  Do 99.9% of people in this country?  No.  It's part of the gig.  Don't like it, don't be a cheerleader.  Don't be a Hooters girl.  Don't be a model.  Appearance is part of the gig.

You want to know what truly doesn't matter, the opening lines in the article talking about how much athletes make?  A throw away line.  It has zero bearing on this.  Not one iota, but for some reason the author thought it appropriate to put it in.

Now, you've gone on to make this a legal argument, citing state and federal law.  You've already made the conclusion the Bucks have violated this.  Guess what, the Bucks don't agree....this is why we have a legal process.  Didn't know that while you are in Indiana you are also an expert on wage law in Wisconsin and have already adjudicated this case.

[ChicosBailBonds]

This woman is in for a rude awakening when she gets a full-time, salaried job and isn't compensated at time-and-a-half when she works that 41st hour.

Yup...or the 42nd through 60th either.  Or taking calls at 4:00am because your clients are in London, or so on and so forth.  A rude awakening indeed.

[CTWarrior]

I often agree with Chicos, but I really don't understand why the NFL and NBA don't pay their cheerleaders more, and not just minimum wage, which apparently they often don't even do.   To give them a living wage would have virtually no effect on their bottom line, especially in the NFL.  Just a strange way to go about doing business.  Such unnecessary bad pub.

[mu03eng]

In this case I do.  This is a sports board, I've been in the sports field for decades, so yes....by the very nature of it, I'm going to have a lot of experience in these areas.

Sorry, the first two paragraphs you don't like, but they do matter because they provide real context into the WHY people take these jobs.

Her upkeep claims?  Laughable.  Do I get a clothing allowance?  A haircut allowance?  Do 99.9% of people in this country?  No.  It's part of the gig.  Don't like it, don't be a cheerleader.  Don't be a Hooters girl.  Don't be a model.  Appearance is part of the gig.

You want to know what truly doesn't matter, the opening lines in the article talking about how much athletes make?  A throw away line.  It has zero bearing on this.  Not one iota, but for some reason the author thought it appropriate to put it in.

Now, you've gone on to make this a legal argument, citing state and federal law.  You've already made the conclusion the Bucks have violated this.  Guess what, the Bucks don't agree....this is why we have a legal process.  Didn't know that while you are in Indiana you are also an expert on wage law in Wisconsin and have already adjudicated this case.

As long as the Bucks follow the law, the rest is legitimately "know what you are getting into" type.  If they didn't follow labor laws then her lawsuit has merit.  She can be right about wage laws and wrong about the auxiliary stuff (mostly for legal posturing and winning sympathy in the public for a better settlement).

It is somewhat funny that you hammer on Sultan for coming to a conclusion on a non-binding internet sport forum, when you yourself have already concluded it is without merit with your first post.

[mu03eng]

I often agree with Chicos, but I really don't understand why the NFL and NBA don't pay thier cheerleaders more, and not just minimum wage, which apparently they don't.   To give them a living wage would have virtually no effect on their bottom line, especially in the NFL.  Just a strange way to go about doing business.  Such unnecessary bad pub.

I agree with this, the sports leagues just don't make any sense on this.  Same thing with Pink October stuff....especially the NFL has a female issue(very poor track record of supporting women) and things like this cheerleader stuff just feed that narrative.  Pay them living wages or at least comply 127% with labor laws and move on.  Can't hurt, only help.

[ChicosBailBonds]

I often agree with Chicos, but I really don't understand why the NFL and NBA don't pay thier cheerleaders more, and not just minimum wage, which apparently they don't.   To give them a living wage would have virtually no effect on their bottom line, especially in the NFL.  Just a strange way to go about doing business.  Such unnecessary bad pub.

Should the beer concession guys get a living wage?  How about the guys painting the lines?  What is a "living wage"?  How much do they folks end up making because of their jobs as a cheerleader that leads to their next job, their next "date", etc?  There are many reasons to take these jobs as stated earlier.  As for the minimum wage comment, again we'll let the courts sort out if any legal violation occurred or you can ask Sultan who apparently knows the answer.

How do we all feel about the Green Bay Packers.....they don't even employ full time cheerleader.  Cheapskates!!

[ChicosBailBonds]

As long as the Bucks follow the law, the rest is legitimately "know what you are getting into" type.  If they didn't follow labor laws then her lawsuit has merit.  She can be right about wage laws and wrong about the auxiliary stuff (mostly for legal posturing and winning sympathy in the public for a better settlement).

It is somewhat funny that you hammer on Sultan for coming to a conclusion on a non-binding internet sport forum, when you yourself have already concluded it is without merit with your first post.

Disagree on your last sentence.  If they violated the laws, then I'm all for her winning.  Hopefully that clarifies thing if I was too vague prior.

What I don't think has "merit" is the part about having to do all these other gigs, expecting to be paid for her nails to be done, so on and so forth.  If they disclosed that up front and she took the gig anyway, then I believe there is no merit.  If the Bucks didn't disclose, then they will pay the consequences.

[GGGG]

In this case I do.  This is a sports board, I've been in the sports field for decades, so yes....by the very nature of it, I'm going to have a lot of experience in these areas.

Sorry, the first two paragraphs you don't like, but they do matter because they provide real context into the WHY people take these jobs.

Her upkeep claims?  Laughable.  Do I get a clothing allowance?  A haircut allowance?  Do 99.9% of people in this country?  No.  It's part of the gig.  Don't like it, don't be a cheerleader.  Don't be a Hooters girl.  Don't be a model.  Appearance is part of the gig.

You want to know what truly doesn't matter, the opening lines in the article talking about how much athletes make?  A throw away line.  It has zero bearing on this.  Not one iota, but for some reason the author thought it appropriate to put it in.

Now, you've gone on to make this a legal argument, citing state and federal law.  You've already made the conclusion the Bucks have violated this.  Guess what, the Bucks don't agree....this is why we have a legal process.  Didn't know that while you are in Indiana you are also an expert on wage law in Wisconsin and have already adjudicated this case.

WTF Chicos.  You are bashing the cheerleader saying "no one puts a gun to her head," yet you bang on me for not knowing if the Bucks have violated labor law?

Do you know? 

[ChicosBailBonds]

I agree with this, the sports leagues just don't make any sense on this.  Same thing with Pink October stuff....especially the NFL has a female issue(very poor track record of supporting women) and things like this cheerleader stuff just feed that narrative.  Pay them living wages or at least comply 127% with labor laws and move on.  Can't hurt, only help.

The NFL has a female issue?  Please define what that means to you.

[ChicosBailBonds]

WTF Chicos.  You are bashing the cheerleader saying "no one puts a gun to her head," yet you bang on me for not knowing if the Bucks have violated labor law?

Do you know?

If they told her what the job entails, which I would be SHOCKED if the contract she signed did not, then that is exactly correct.  No one is putting a gun to her head or anyone else's.

Here is the job, here is what it entails.  Do you accept the job....sign on the line which is dotted.  If you do not wish to adhere to the specifics of this job requirement, then we wish you well.

We'll let the courts decide wage issue or not.

[Pakuni]

If they told her what the job entails, which I would be SHOCKED if the contract she signed did not, then that is exactly correct.  No one is putting a gun to her head or anyone else's.

Here is the job, here is what it entails.  Do you accept the job....sign on the line which is dotted.  If you do not wish to adhere to the specifics of this job requirement, then we wish you well.

We'll let the courts decide wage issue or not.

"Violating the law is totally OK if someone signs a contract," said no court ever.