Bill Text: CA AB1059 | 2021-2022 | Regular Session | Introduced


Bill Title: Employment relations: cheerleaders.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2021-02-19 - From printer. May be heard in committee March 21. [AB1059 Detail]

Download: California-2021-AB1059-Introduced.html


CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill
No. 1059


Introduced by Assembly Member Chen

February 18, 2021


An act to amend Section 2754 of the Labor Code, relating to employment.


LEGISLATIVE COUNSEL'S DIGEST


AB 1059, as introduced, Chen. Employment relations: cheerleaders.
Existing law provides that a cheerleader, as defined, who is utilized by a California-based professional sports team, as defined, directly or through a labor contractor during its exhibitions, events, or games, is deemed to be an employee, subject to the provisions of the Unemployment Insurance Code and the California Fair Employment and Housing Act.
This bill would make a nonsubstantive change to those provisions.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 2754 of the Labor Code is amended 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 “Cheerleader” 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.

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