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A similar bill was introduced in New York state this year,Cheap NFL Jerseys China.
Schiller said a more accurate description of an "independent contractor" would be if a team called a dance studio and requested performers for a specific game.
The New York Jets,Cheap NFL Jerseys China, Cincinnati Bengals and Tampa Bay Buccaneers also have been sued over cheerleader pay, with the Buccaneers reaching a settlement this year.
"It's nice to have clarifying legislation, but I don't think it changes the state of the law at all," said attorney Sharon Vinick, who represented former Oakland Raiders cheerleaders in a lawsuit against the team.
In New York, cheerleaders for the Buffalo Bills were not paid at all, even for game days,NFL Jerseys China, said Sean Cooney, a partner at the Dolce Panepinto law firm who is representing six cheerleaders in lawsuits filed last year that name the team. The cheerleaders also had to pay for their uniforms and hair and makeup.
Cooney said the Bills cheerleaders also are suing the NFL because it approved an agreement that classified them as independent contractors who would not be paid.
Raiders cheerleaders were paid $125 per home game, or $1,250 per season, in a contract that included hours of unpaid rehearsals and charity and commercial appearances, Vinick said. That translated to less than $5 an hour.
"If you are a young starting quarterback, you get lot of notoriety for that, but you also get paid for that work," she said. "The fact that the women might get some opportunities doesn't justify not paying them."
Vinick also rejected arguments that the women were receiving exposure that could open up opportunities in modeling or other fields,Cheap NFL Jerseys.
"Everyone who works hard to provide a great game-day experience deserves the same basic level of dignity and respect on the job,Cheap NFL Jerseys, starting with simply being paid for their work," said Assemblywoman Lorena Gonzalez, who authored the legislation.
"All because it was a job they like, that they were told was a privilege," Cooney said.
The focus on cheerleader pay comes after a spate of recent lawsuits against NFL teams alleging they did not pay cheerleaders for hours they spent practicing and making public appearances. Attorneys for some of the cheerleaders say the California legislation is good but existing law already says cheerleaders are employees entitled to minimum wage.
Reuel Schiller, a professor of labor and employment law at the University of California Hastings College of Law in San Francisco, says certain factors qualify a worker as an independent contractor, including who has control over the work performed and who covers disability insurance.
California legislation believed to be the first of its kind in the nation is set to change that. The bill sent to the governor this week would require cheerleaders to be paid at least minimum wage and overtime and sick leave if they work for professional sports teams based in California.
"Under that measure, it's kind of hard to see cheerleaders as independent contractors," he said, adding that sports teams control such things as uniforms,Wholesale NFL Jerseys, dance steps and where they perform.
The NFL declined to comment on California's legislation. NFL teams are advised to follow state and federal employment laws, and team cheerleaders are not employed by the league.
Calls to Bills and Raiders' representatives were not immediately returned. The Raiders in court documents said the cheerleaders' lawsuit should be handled by league arbitration.
Vinick reached a $1.25 million settlement last year on behalf of dozens of Raiderettes who worked for the team from 2010 to 2013. She rejected the team's classification of the cheerleaders as independent contractors, saying the team decided what dances they performed and music they used and set strict requirements for them.
SAN FRANCISCO (AP) — They boost their teams from the sidelines and promote them by appearing in calendars and at fan events, but some sports cheerleaders say they are still not considered team employees and are paid what amounts to less than minimum wage. |
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