Amanda Antell  |  July 24, 2015

Category: Labor & Employment

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Cheerleading wageIn recent litigation news, the California state legislature has passed a California employee rights bill that will secure basic employment rights for professional cheerleaders, which are staples for professional sports teams.

For years, the teams argued that the cheerleaders are employed on a contract basis and do not qualify for California wage protection under California labor laws. However, legal representatives for the cheerleaders argued back that the compensation package and employment agreement for these women is very close to a regular hourly rate or salaried position.

The Oakland Raider cheerleaders were the ones to bring this California wage and hour claim forward, claiming that despite being contractually obligated to attend rehearsals, perform at charity events, and make commercial appearances, they were only compensated for their game performances at $125 per game. This only adds up to $1,250 per season, which is only $5 per hour – well below the $7.25 federal minimum wage and California’s $9 rate.

This California wage issue has gained national attention over the past few years, as different cheerleading teams have brought wage and hour lawsuits against their respective teams. In last year alone, dozens of Oakland Raiders cheerleaders who worked from 2010 to 2013 reached a $1.25 million settlement with the team, after proving that the Raiders violated California labor laws.

According to this California wage and hour lawsuit, the team had tried to categorize the cheerleaders as independent contractors to avoid paying them the required California wage and benefits, which is a common tactic that many employers use to try and avoid paying overtime.

However, the representatives for the Oakland cheerleaders stated that this categorization was completely false, as the team had complete control over their job performance, which is essential of any employer-employee relationship. Along with controlling what the cheerleaders would wear and where they would perform, the team even dictated the choreography.

The team had tried to argue that they were making up for the lack of wages by giving the cheerleaders exposure, which would be valuable for their future careers. The plaintiff attorneys shot down this argument, stating that it is no excuse to underpay their cheerleaders, as the football players also got exposure but had the benefit of a great salary.

Overview of California Wage Laws

While this victory was momentous for the cheerleaders, legal experts for California workers rights are proud to announce an even greater triumph over any similar future California wage and hour violations that may occur with the passage of this new California employee rights bill.

Professional sports teams will now be required to pay cheerleaders at least the rate of California minimum wage and will be protected under California labor laws like any other wage employee. While it is waiting to be officially passed by Governor Jerry Brown, legal experts are confident that it will go through.

Furthermore, other states seem to be following suit, as a similar bill was recently introduced in New York. Six cheerleaders from the Buffalo Bills have filed a wage and hour lawsuit against their sports team, claiming that the team did not pay them at all. According to the wage and hour lawsuit, the team had failed to compensate the cheerleaders for their uniforms, makeup, and hairstyling necessary for sporting events and other appearances.

The cheerleaders went on further to say that they are naming the NFL itself as a defendant in their lawsuit, stating that the league signed on with their team categorizing the cheerleaders as independent contractors.

Other cheerleader wage and hour lawsuits recently filed include the New York Jets, the Cincinnati Bengals, and the Tampa Bay Buccaneers; the Buccaneers have already entered a settlement agreement.

These employee rights lawsuits are clear indications that this bill is needed and may even offer specific protections for professional cheerleaders. This is because there are currently no provisions in California labor laws to address the specific job requirements of professional cheerleaders.

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