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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|Policy |Labor and Employment |Vote:|5 - 2 |
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| |Arts, Entertainment, Sports, | |5 - 2 |
| |Tourism, and Internet Media | | |
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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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