BILL ANALYSIS Ó
AB 202
Page 1
ASSEMBLY THIRD READING
AB
202 (Gonzalez)
As Amended April 15, 2015
Majority vote
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|Committee |Votes |Ayes |Noes |
|----------------+------+---------------------+----------------------|
|Labor |5-2 |Roger Hernández, |Harper, Patterson |
| | |Chu, Low, McCarty, | |
| | |Thurmond | |
| | | | |
|----------------+------+---------------------+----------------------|
|Arts |5-2 |Calderon, Chu, |Obernolte, Hadley |
| | |Levine, Medina, | |
| | |Nazarian | |
| | | | |
|----------------+------+---------------------+----------------------|
|Appropriations |12-5 |Gomez, Bloom, Bonta, |Bigelow, Chang, |
| | |Calderon, Daly, |Gallagher, Jones, |
| | |Eggman, Eduardo |Wagner |
| | |Garcia, Holden, | |
| | |Quirk, Rendon, | |
| | |Weber, Wood | |
| | | | |
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SUMMARY: Provides that specified professional sports
"cheerleaders" shall be deemed to be employees for state
employment law purposes. Specifically, this bill:
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1)Provides that, notwithstanding any other law, for purposes of
the provisions of state law that govern employment, a
cheerleader that is utilized by a California-based professional
sports team directly or through a labor contractor during its
exhibitions, events or games shall be deemed to be an employee.
2)Defines "cheerleader" to mean an individual who performs
acrobatics, dance or gymnastics exercises on a recurring basis.
However, the term does not include an individual who is not
otherwise affiliated with the sports team and is utilized no
more than one time in a calendar year.
3)Defines "professional sports team" to mean a team at either a
minor or major league level in the sport of baseball,
basketball, football, ice hockey, or soccer.
4)Defines "California-based team" to mean a team that plays a
majority of its home games in California.
5)Provides that the professional sports team shall ensure that the
cheerleader is classified as an employee.
FISCAL EFFECT: According to the Assembly Appropriations
Committee, this bill will result in minor and absorbable costs to
the Employment Development Department, the Department of Fair
Employment and Housing, and the Department of Industrial
Relations.
COMMENTS: This bill addresses an issue that has garnered
significant media attention over the last year - the treatment of
professional sports cheerleaders. A number of lawsuits (including
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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.
According to the author, the widespread practice of worker
misclassification has resulted in a failure to justly compensate
cheerleaders. This bill will ensure that professional
cheerleaders will no longer be misrepresented as independent
contractors by statutorily defining them as "employees" entitled
to the same legal rights and benefits as employees.
This bill would establish statutory employment status for covered
cheerleaders. This would not impact the application of
protections that apply to cheerleaders prior to the passage of
this bill nor impact prior claims or settlements under existing
law or existing theories of liability.
Supporters argue that this bill will would clarify that a
professional cheerleader is provided the same rights and benefits
of an employee under state law and is not improperly misclassified
as an independent contractor. As a result, professional sport
cheerleaders would be guaranteed a legal wage for attending and
participating in team practices, rehearsals, preparations,
meetings and required workouts. In addition, they would also be
covered for all required appearances at corporate, community and
charity events.
There is no opposition on file.
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Analysis Prepared by:
Ben Ebbink / L. & E. / (916) 319-2091 FN: 0000268