Following a number of lawsuits claiming that cheerleaders were underpaid, a new bill was recently signed by Governor Jerry Brown that forbids professional teams from categorizing cheerleaders as independent contractors. California cheerleaders are to be treated as employees.
According to several cheerleaders, they have endured unfair treatment by professional sports teams. For instance, many have filed claims against the National Football League, alleging that they were victims of wage theft. In 2014, the Raiders entered into a settlement of a class action lawsuit filed by the Raiderettes, in which the Raiderettes alleged that the team engaged in wage theft by not paying them minimum wage. The cheerleaders also claim that the team was in violation of other state labor laws.
The new law provides cheerleaders with the same protections given to other employees. Although many cheerleaders enjoy being in the spotlight, there are several disadvantages to working in their profession. For example, they are subject to extreme control by their teams, which make decisions concerning their attire, hair styles, makeup, dance routines, nail care, tanning, and more. The teams also exert control over their social and personal lives by telling them with whom they can communicate or have relationships.
Getting Paid What They’re Worth
Such control over the lives of the cheerleaders implies that they should be considered employees. While some of them have obtained the status of employee, others have not been so fortunate. There are some professional sports teams that compensate their cheerleaders a flat rate per game, and do not provide payment for practices or other public events at which they are to make appearances. According to Democratic Assemblywoman Lorena Gonzalez, the bill would categorize them as employees so that they would be paid hourly and have benefits, including worker's compensation.
During a hearing on the bill, Republican State Senator Jeff Stone mentioned that the Raiders paid over $1 million to settle the lawsuit. Senator Stone expressed concerns over state intervention in private contracts. The new law becomes effective in January 2016.
It seems only fair that given the level of control possessed by the sports teams over their cheerleaders that they should be treated as employees, and be provided with the same benefits and protections as other employees. And under their new status, they should be less likely to be victims of wage theft and other labor law violations.
Hopefully, the settlement of the class action lawsuit against the National Football League will serve as a deterrent to sports teams to treat their cheerleaders just as they do their other employees, to pay them fairly, and not withhold their wages from them. And even if they are independent contractors, they still deserve to be compensated for their work, and to be paid for practices and for making public appearances at events. Perhaps more respectful treatment of cheerleaders would occur if the sports teams didn’t possess so much control over their personal lives. Such control may lead some teams to think that they do not have to treat them in a manner that is fair and just.
Authored by Roxanne Minott, LegalMatch Legal Writer and Attorney at Law
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