California Governor Jerry Brown Signs Legislation Recognizing Professional Cheerleaders as Employees
Ruling makes
cheerleaders employees, not contractors
California
Governor Jerry Brown made history recently
by signing a bill designating professional
cheerleaders as employees, rather than
contractors. The law follows a spate of
lawsuits filed against National Football
League franchises by cheerleaders. Lawsuits
against the Cincinnati Bengals, New York
Jets and Oakland Raiders, among others, have
received significant media attention. In the
Oakland case, the Raiders agreed to pay a
$1.25 million settlement to present and
former cheerleaders.
What does the
new law mean?
The
designation of cheerleaders as employees
rather than contractors has a significant
impact on wage and benefit policies
throughout the state of California.
As
employees, cheerleaders are now entitled to:
-
Sick leave: The new law clears the way
for cheerleaders to obtain pay for sick
leave, and paid time off. While
providing sick leave is now required of
California sports franchises, each
organization has the right to determine
its own policies on the matter, provided
those policies meet state labor law
requirements.
-
Additional benefits: Under the new law,
cheerleaders may be entitled to
organization-sponsored health coverage
and other such benefits.
The law
also opens the door for professional
cheerleaders to receive compensation for a
number of factors, including:
-
Minimum-wage violations: Many
cheerleaders are offered a flat rate per
season, such as $10,000, regardless of
the hours they may put in. This single
wage often means that cheerleaders may
be asked to work for less than minimum
wage in busy weeks. The ruling changes
the way cheerleaders are compensated,
and eliminates the potential for minimum
wage violations.
-
Travel: Cheerleaders are often asked to
make appearances throughout the area,
and the country. As contractors,
employees may not be entitled to payment
for their travel hours. The ruling
changes that, however, and requires
sports teams to compensate cheerleaders
for travel.
-
Expenses: Contracted cheerleaders are
not offered payment for expenses
incurred in the course of their duties.
As employees, however, cheerleaders will
be reimbursed for their expenses.
-
Delayed wages: In some situations,
sports teams may delay a cheerleader’s
wages due to lack of funding. The law
disallows that practice.
Will the law
gain traction throughout the rest of the
country?
While
California may be the first state to enact a
law designating professional cheerleaders as
employees, it certainly won’t be the last.
Other states are likely to follow suit,
especially as legal action continues to be
brought against professional sports teams
throughout the country.
If you are
a cheerleader or other support staff member
of a professional sports franchise, it may
be helpful to discuss your situation with a
New York employment law attorney. By doing
so, you may gain insight into your future
options for pursuing added benefits and wage
payments.
At
Hepworth, Gershbaum & Roth, our New York
employment law attorneys maintain detailed
awareness of changes in state and federal
labor laws. We know that as changes are made
in other states, changes are likely to
follow in New York.
Contact us online or call 212-545-1199
to discuss your case during a free
consultation with one of our New York
employment law attorneys.
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