BILL ANALYSIS Ó AB 202 Page 1 Date of Hearing: May 6, 2015 ASSEMBLY COMMITTEE ON APPROPRIATIONS Jimmy Gomez, Chair AB 202 (Gonzalez) - As Amended April 15, 2015 ----------------------------------------------------------------- |Policy |Labor and Employment |Vote:|5 - 2 | |Committee: | | | | | | | | | | | | | | |-------------+-------------------------------+-----+-------------| | |Arts, Entertainment, Sports, | |5 - 2 | | |Tourism, and Internet Media | | | | | | | | | | | | | |-------------+-------------------------------+-----+-------------| | | | | | | | | | | | | | | | ----------------------------------------------------------------- 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 AB 202 Page 2 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. AB 202 Page 3 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 AB 202 Page 4