BILL NUMBER: AB 202 INTRODUCED BILL TEXT INTRODUCED BY Assembly Member Gonzalez JANUARY 29, 2015 An act to add Section 2754 to the Labor Code, relating to employment. LEGISLATIVE COUNSEL'S DIGEST AB 202, as introduced, Gonzalez. Professional sports teams: cheerleaders: employee status. Existing law prescribes comprehensive requirements relating to minimum wages, overtime compensation, and standards for working conditions for the protection of employees applicable to an employment relationship. This bill would require that a California-based professional sports team that utilizes the services of cheerleaders, as defined, to provide those cheerleaders with specified rights and benefits afforded to its employees under existing employment laws, regardless of the terms and conditions under which the cheerleader performs. Because a violation of specified employment laws, including wage and hour laws, that would apply to California-based professional sports teams using the services of cheerleaders would be a crime, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 2754 is added to the Labor Code, to read: 2754. (a) A professional sports team that is a California-based team that employs professional athletes, as those terms are defined in subdivision (g) of Section 3600.5, and that utilizes the services of cheerleaders during its exhibitions or games, shall provide those cheerleaders with all of the rights and benefits afforded to its employees under this code, regardless of the terms and conditions under which the cheerleader performs. (b) For purposes of this section, "cheerleader" is defined to mean an individual who performs acrobatics, dance, or gymnastic exercises in promotion of a professional sports franchise identified in subdivision (a). SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.