BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                     AB 202


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          Date of Hearing:  May 6, 2015


                        ASSEMBLY COMMITTEE ON APPROPRIATIONS


                                 Jimmy Gomez, Chair


          AB  
          202 (Gonzalez) - As Amended April 15, 2015


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          Urgency:  No  State Mandated Local Program:  YesReimbursable:   
          No


          SUMMARY:


          This bill, for purposes of all of the provisions of state law  
          that govern employment, deems a cheerleader utilized by a  








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          California-based professional sports team directly or through a  
          labor contractor during exhibitions, events or games as an  
          employee. Specifically, this bill:


          1)Further provides that the professional sports team shall  
            ensure that the cheerleader is classified as an employee.



          2)Defines "California-based team" as a team that plays a  
            majority of its home games in California.



          3)Defines "Cheerleader" as an individual who performs  
            acrobatics, dance, or gymnastics exercises on a recurring  
            basis. This term shall not include an individual who is not  
            otherwise affiliated with a California-based professional  
            sports team and is utilized during its exhibitions, events or  
            games no more than one time in a calendar year.



          4)Defines "Professional sports team" as a team at either a minor  
            or major league level in the sport of baseball, basketball,  
            football, ice hockey, or soccer.
          FISCAL EFFECT:  


          Minor/absorbable costs to the Employment Development Department  
          (EDD), the Department of Fair Employment and Housing and the  
          Department of Industrial relations to address additional  
          inquiries from employers and workers. In addition, any necessary  
          changes to EDD forms or publications would be performed during  
          standard revision cycles. The Department of Industrial Relations  
          and the Department of Fair Employment and Housing also indicate  
          minor/absorbable costs. 









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          COMMENTS:  


          Purpose. This bill addresses the issue of professional sports  
          cheerleaders for purposes of employment.  A number of lawsuits  
          (including one against the Oakland Raiders) have been filed  
          recently alleging violations of employment laws - including  
          minimum wage, overtime, meal and rest periods, and illegal  
          deductions - regarding professional sports cheerleaders.  Other  
          claims have been made that such cheerleaders have been  
          misclassified as independent contractors rather than employees,  
          thereby depriving them of important employment law protections.  
          In addition to the Oakland Raiders lawsuit, suits have been  
          filed against the Tampa Bay Buccaneers, the New York Jets, the  
          Buffalo Bills, the Cincinnati Bengals, and the National Football  
          League itself.


          According to the author, there are 53 teams that appear to meet  
          the definition of "professional sports team" as defined in the  
          bill.  The author notes the majority of these teams do not have  
          cheerleaders.  The definition of "cheerleader" in the bill also  
          appears to apply to mascots.  


          Analysis Prepared by:Misty Feusahrens / APPR. / (916) 319-2081




















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