Calif. Employment Law Will Protect Professional Cheerleaders

The California state legislature has passed a bill that would extend many basic employment protections to the cheerleaders for professional sports teams.

The teams typically argue that their cheerleaders are contractors, and as such they do not qualify for the protections under California employment law. But run the numbers on a professional cheerleader’s compensation package and employment agreement, and you can see they’re getting a bit of a raw deal compared to regular hourly or salaried employees.

According to an attorney who represents the Oakland Raiders cheerleaders, they are contractually obligated to attend hours of rehearsal, perform at charity events, and make other commercial apperances. But their pay is calculated only by their game performances, and only $125 per game – which adds up to $1,250 per season. A breakdown of that compensation relative to total time spent on the job shows they’re making only about $5 per hour – far below both the $7.25 minimum wage and the minimum $9 required by California wage and hour laws.

The new California bill would require professional sports teams to pay cheerleaders compensation that would at least match the state minimum wage. The bill would also require overtime wages and sick leave. It’s now in the hands of Gov. Jerry Brown, awaiting his signature.

A similar bill has been introduced in the New York legislature. Both bills are believed to be the first of their kind to offer specific protections for professional cheerleaders. However, the attorney for the Raiders cheerleaders notes that while the new bills are appreciated, they don’t necessarily create new protections that weren’t available in existing California employment law. Laws generally applicable to employment relationships cover professional cheerleaders as much as they cover any other type of employee, she says.

This issue got attention in recent years when several teams’ cheer squads brought wage and hour lawsuits against the teams. Last year dozens of Raiders cheerleaders who had worked from 2010 to 2013 reached a $1.25 million settlement with the team. The team tried to characterize the cheerleaders as independent contractors and therefore not protected by California employment law. However, their attorney pointed out that the team exercised the sort of minute control over their job performance that’s characteristic of an employer-employee relationship. The team controlled what uniforms they would wear and when and where they would perform, and even dictated their choreography itself.

The team also tried to argue that the dancers received exposure that would be valuable to their future career. But the cheerleaders’ attorney noted the team does not use that excuse to underpay the football players themselves, who get both exposure and a hefty salary.

Six cheerleaders for the Buffalo Bills have also filed a wage and hour lawsuit against their team, saying the team did not pay them at all. Their attorney says the team also failed to reimburse the cheerleaders for their uniforms, makeup and hair styling. The cheerleaders also named the NFL itself in their wage and hour lawsuit, saying the league signed on to an agreement that characterized them as independent contractors.

Other wage and hour lawsuits have been filed against the New York Jets, the Cincinnati Bengals, and the Tampa Bay Buccaneers. The Buccaneers have already agreed to a settlement.

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