Bill Text: CA AB202 | 2015-2016 | Regular Session | Chaptered

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Bill Title: Professional sports teams: cheerleaders: employee status.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2015-07-15 - Chaptered by Secretary of State - Chapter 102, Statutes of 2015. [AB202 Detail]

Download: California-2015-AB202-Chaptered.html

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BILL NUMBER: AB 202	CHAPTERED
	BILL TEXT

	CHAPTER  102
	FILED WITH SECRETARY OF STATE  JULY 15, 2015
	APPROVED BY GOVERNOR  JULY 15, 2015
	PASSED THE SENATE  JUNE 29, 2015
	PASSED THE ASSEMBLY  MAY 11, 2015
	AMENDED IN ASSEMBLY  APRIL 15, 2015
	AMENDED IN ASSEMBLY  APRIL 6, 2015

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, 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.
   Existing law requires employers to make specified payments and
withholdings from wages paid to employment to, and to file reports of
wages and make contributions for unemployment insurances and the
employment administering the state's payroll taxes.
   Existing law, the California Fair Employment and Housing Act,
makes it an unlawful employment practice for an employer, unless
based upon a bona fide occupational qualification or, except where
based upon applicable security regulations to refuse to hire or
employ a person or to refuse to select a person for a training
program leading to employment, or to bar or discharge a person from
employment or from a training program leading to employment, or to
discriminate against a person in compensation or in terms,
conditions, or privileges of employment because of the race,
religious creed, color, national origin, ancestry, physical
disability, mental disability, medical condition, genetic
information, marital status, sex, gender, gender identity, gender
expression, age, sexual orientation, or military and veteran status
of the person.
   This bill, for purposes of all of the provisions of state law that
govern employment, including the Labor Code, the Unemployment
Insurance Code, and the California Fair Employment and Housing Act,
would require a cheerleader who is utilized by a California-based
professional sports team during its exhibitions, events, or games to
be deemed an employee. The bill would also require the professional
sports team to ensure that the cheerleader is classified as an
employee.
   Because a violation of specified employment laws, including wage
and hour laws, that would apply to California-based professional
sports teams utilizing 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.


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) For the purposes of this section, the following
definitions shall apply:
   (1) "California-based team" means a team that plays a majority of
its home games in California.
   (2) "Cheerleader" means 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.
   (3) "Professional sports team" means a team at either a minor or
major league level in the sport of baseball, basketball, football,
ice hockey, or soccer.
   (b) Notwithstanding any other law, for purposes of all of the
provisions of state law that govern employment, including this code,
the Unemployment Insurance Code, and the California Fair Employment
and Housing Act (Part 2.8 (commencing with Section 12900) of Division
3 of Title 2 of the Government Code), a cheerleader who 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.
   (c) The professional sports team shall ensure that the cheerleader
is classified as an employee.
  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.