| 1 | 1 | | CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 1059Introduced by Assembly Member ChenFebruary 18, 2021 An act to amend Section 2754 of the Labor Code, relating to employment. LEGISLATIVE COUNSEL'S DIGESTAB 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.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextThe 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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| 3 | 3 | | CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 1059Introduced by Assembly Member ChenFebruary 18, 2021 An act to amend Section 2754 of the Labor Code, relating to employment. LEGISLATIVE COUNSEL'S DIGESTAB 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.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO |
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| 9 | 9 | | CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION |
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| 11 | 11 | | Assembly Bill |
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| 13 | 13 | | No. 1059 |
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| 15 | 15 | | Introduced by Assembly Member ChenFebruary 18, 2021 |
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| 17 | 17 | | Introduced by Assembly Member Chen |
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| 18 | 18 | | February 18, 2021 |
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| 20 | 20 | | An act to amend Section 2754 of the Labor Code, relating to employment. |
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| 21 | 21 | | |
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| 22 | 22 | | LEGISLATIVE COUNSEL'S DIGEST |
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| 24 | 24 | | ## LEGISLATIVE COUNSEL'S DIGEST |
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| 26 | 26 | | AB 1059, as introduced, Chen. Employment relations: cheerleaders. |
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| 28 | 28 | | 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. |
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| 30 | 30 | | 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. |
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| 32 | 32 | | This bill would make a nonsubstantive change to those provisions. |
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| 34 | 34 | | ## Digest Key |
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| 36 | 36 | | ## Bill Text |
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| 38 | 38 | | 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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| 40 | 40 | | The people of the State of California do enact as follows: |
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| 42 | 42 | | ## The people of the State of California do enact as follows: |
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| 44 | 44 | | 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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| 46 | 46 | | SECTION 1. Section 2754 of the Labor Code is amended to read: |
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| 48 | 48 | | ### SECTION 1. |
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| 50 | 50 | | 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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| 52 | 52 | | 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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| 54 | 54 | | 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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| 58 | 58 | | 2754. (a) For the purposes of this section, the following definitions shall apply: |
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| 60 | 60 | | (1) California-based team means a team that plays a majority of its home games in California. |
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| 62 | 62 | | (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. |
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| 64 | 64 | | (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. |
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| 66 | 66 | | (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. |
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| 68 | 68 | | (c) The professional sports team shall ensure that the cheerleader is classified as an employee. |
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