Skip to main content

Breaking: California Governor Signs Bill That Provides Labor Protections to Cheerleaders


Back in May, I had posted a note on California Bill AB 202 that was moving through the California legislature.  (AB 202 Could Provide Labor Protections For Cheerleaders).  That bill proposed that cheerleaders for professional sports teams would be entitled to receive minimum wage, workers' compensation, and other employment benefits.  At the time, the bill had been approved by the state Assembly and was moving forward in the Senate. 

Yesterday, California Governor Jerry Brown signed into law that piece of legislation.  This new law is groundbreaking in several respects, namely that the cheerleaders will now be designated as employees rather than independent contractors.  As a result, cheerleaders in the state will now be entitled to paid sick leave, meal and rest breaks, and other benefits that other workers in hourly jobs enjoy.

This is a big change from how cheerleaders in California have typically been treated previously.  Some readers might remember that a lawsuit from an Oakland Raiders cheerleader is what really started the ball rolling on efforts to reform and improve the protections for professional cheerleaders.  (Oakland Raiders Cheerleader Files Wage & Hour Suit).

While the law does not become effective until January 1, 2016, it is still a major victory for proponents of more employment protections for cheerleaders.  Whether this law will have any impact on other states remains to be seen.  However at this time, New York legislators are considering a similar proposal to the bill signed into law in California.  

Stay tuned, California might have started a ripple effect here.


For additional information, see the L.A. Times article:  http://www.latimes.com/local/political/la-me-pc-cheerleader-employee-protections-20150715-story.html

Comments

Popular posts from this blog

NLRB: Discussion Among Employees About Tip Pooling is Protected Concerted Activity

  This Advice Memorandum from the National Labor Relations Board’s Associate General Counsel, Jayme Sophir, addressed whether employees which discussed and complained about tip pooling at work constituted protected concerted activity. In relevant part, an employer in New York operated a chain of steakhouses.  While tip pooling was in place at these steakhouses, some of the employees objected to it on the grounds that it was not transparent and improperly divided tips among the workers.  Employees were told not to complain or talk to each other about the tip pool and were told that doing so would endanger their jobs.  Despite the employer later attempting to provide some clarity as to how the tips were being divided, rancor still existed among some employees.  At one point, the employees were told by a general manager that some employees that had been talking about the tip pool were “cleared out” and the employer would continue to do so. In the Advice Memorandum,...

Distance in a Non-Compete Agreement Measured "As the Crow Flies"

Ginn v. Stonecreek Dental Care - Court of Appeals, Twelfth Appellate District of Ohio Facts :  Dr. R. Douglas Martin ("Martin") sold his dental practice to an employee who worked there, Dr. David Ginn ("Ginn").  In doing so, Martin and Ginn signed a contract for the sale which contained a non-compete provision that prohibited Martin from engaging in business "within 30 miles" of the practice for five years starting from October 2010.  While Martin initially stayed on and worked with Ginn for a period, the relationship subsequently deteriorated between the two and Martin went to work for another dental office.  The new dental office was less than 30 miles away when measuring the distance in a straight line.  However, when driving between the offices, the distance was more than 30 miles. Ginn filed a claim against Martin on the grounds that Martin breached the non-compete.   At the trial court level, the court found that "within 30 miles"...

Breaking: Labor Secretary Rumored to Be Leaving Administration

A few hours ago, word leaked out that Labor Secretary Marty Walsh (“Walsh”) is in the midst of negotiations to head up the NHL Players Union and leave his position at the Labor Department. Walsh, who has served as the sole Labor Secretary under President Biden, has taken part in a labor renaissance of sorts as support for organized labor has increased during his term as Labor Secretary (although the number of workers that have joined a union over the past two years has not grown as mush as some expected.)  He has also overseen the ongoing negotiations with rail workers over a new contract, although that matter is still on shaky ground and playing out as we speak. As for who might step into the vacant Labor Secretary role, there are already rumblings that President Biden should nominate Deputy Labor Secretary Julie Su (a strong labor advocate) or even a progressive like Senator Bernie Sanders.  Until Walsh officially gives his notice, however, I would expect some/many potential...