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

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Introduced.html

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BILL NUMBER: AB 202	INTRODUCED
	BILL TEXT


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, as introduced, 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.
   This bill would require that a California-based professional
sports team that utilizes the services of cheerleaders, as defined,
to provide those cheerleaders with specified rights and benefits
afforded to its employees under existing employment laws, regardless
of the terms and conditions under which the cheerleader performs.
   Because a violation of specified employment laws, including wage
and hour laws, that would apply to California-based professional
sports teams using the services of 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.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


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) A professional sports team that is a California-based
team that employs professional athletes, as those terms are defined
in subdivision (g) of Section 3600.5, and that utilizes the services
of cheerleaders during its exhibitions or games, shall provide those
cheerleaders with all of the rights and benefits afforded to its
employees under this code, regardless of the terms and conditions
under which the cheerleader performs.
   (b) For purposes of this section, "cheerleader" is defined to mean
an individual who performs acrobatics, dance, or gymnastic exercises
in promotion of a professional sports franchise identified in
subdivision (a).
  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.