Governor Brown has signed a new labor code that requires that 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 new law, Labor Code section 2754, will only apply to a “California-based team” which means by the statutory definition “a team that plays a majority of its home games in California.” It also only applies to a “Professional sports team” which means a team at either a minor or major league level in the sport of baseball, basketball, football, ice hockey, or soccer.
In 2014, the Oakland Raiders were sued by a group of current and former cheerleaders who alleged that the Raiders refused to pay minimum wage or overtime, made unlawful deductions, and also refused to provide meal and rest breaks. According to the filing, Raiderettes (the name of the cheerleading squad) were paid a flat rate of $125 per game, irrespective of hours worked. The filing also noted mandatory charity appearances for the Raiderettes, for which no payment at all was received by the cheerleaders. Similar lawsuits were filed against the Tampa Bay Buccaneers, the New York Jets, the Buffalo Bills, and the Cincinnati Bengals.
Attorneys for the Raiderettes and the team agreed to a complex settlement formula that will cover any cheerleader who has worked for the team since the 2010-11 season. Cheerleaders will receive $2,500 in back pay and penalties for the 2013-14 season, plus $6,000 in back pay and penalties for each of the three seasons before that.
A year ago, the Raiders tacitly admitted their sins and offered their new cheerleading squad a contract that nearly tripled their pay. Instead of earning only $125 per game in a single paycheck delivered at the end of the season, Raiderettes will earn $9 an hour, plus overtime, for the estimated 350 hours each cheerleader puts in each year, including rehearsals, practices and mandatory community and charity appearances. Their annual compensation will rise from about $1,250 to about $3,200. Raiderettes will also be reimbursed for business expenses and mileage, which they had to cover themselves before. They will also receive paychecks every two weeks, per state law, rather than one lump sum at season’s end.
Teams exercise considerable control over cheerleaders. They are required to attend and participate in practices, mandatory rehearsals, fittings, preparations, drills, photo sessions, meetings, and workouts. Cheerleaders are required to finance their business expenditures, including travel and investment in their physical appearance by purchasing required cosmetics, in the normal course of their cheerleading duties.
Cheer athletes practice their routines at least 2 to 5 times a week. They must get physically fit in order to carry out intense dance routines and stunts in cheerleading. Cheerleaders are featured prominently in advertising and game-day coverage, especially leading in and out of every commercial break on the nationally broadcasted television programs. Prior to each sports season, selected cheerleaders have training camps and practice, photo shoots and swimsuit calendars obligations. Throughout the year, they have non-game day annual responsibilities, such as guest appearances at schools, charity events, or conferences
Proponents of the law argued that under the new law, 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 was no official opposition to the new law included in the legislative record.