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S5847Senate2015-2016 SessionSame asA7830

Grants employee protections conferred by the labor law to cheerleaders

Sponsor Diane J. SavinoSD-23Affects Economy
Status
In Senate Committee
Labor
Impact
Pending
Passage
Pending

Bill progress

Step 2 of 7

In committee · Labor

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Who cares

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Sponsors

Primary sponsor
Diane J. Savino

Senator · Senate District 23

Chair, Banks

No co-sponsors yet.

History

  1. Referred to labor
  2. Print number 5847a
  3. Amend and recommit to rules
  4. Referred to rules

Companion bill

The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.

A7830Assembly

Grants employee protections conferred by the labor law to cheerleaders

In Assembly Committee · Labor · Sponsor Nily Rozic

Full text

The text isn't available here yet. Check nysenate.gov.

Sponsor's memo

Title of bill

An act to amend the labor law, in relation to establishing the cheerleaders' fair pay act

Purpose

To provide cheerleaders employed by a professional sports team with rights, protections, and benefits.

Summary of provisions

Section I amends the labor law by adding new section 219-d to provide cheerleaders employed by a professional sports team in this state with the same rights, benefits, and protections conferred to its employees who have entered into professional sports-services contracts. The definition of cheerleaders is also provided for the purposes of this section.

Section II sets forth the effective date.

Justification

In April 2014, six former members of the Buffalo Jills Cheerleading Squad ("Jills") filed a wage theft lawsuit against the Buffalo Bills and two for-profit contractors alleging that they were not paid minimum wage for their work. Since that time the Court has allowed the National Football League (NFL) to be added as a defendant and denied their motion to dismiss based on the NFL Commissioner's approval of contracts providing that the Jills would not be paid for working Buffalo Bills games.

The labor issue includes but is not limited to payment in a timely manner, reimbursement for mandatory expenses, fraudulent misclassification, penalties for minor infractions with unlawful deductions from earnings, and failure to adhere to the notice and record keeping requirements under the New York State Wage Theft Prevention Act.

The lawsuit is one of five that have been filed against National Football League teams such as the Oakland Raiders and the Tampa Bay Buccaneers. The Jills have been able to proceed with their lawsuit because the legality of their contract has been brought into question. According to court documents, the contracts term are illegal, void, and unenforceable.

As reports of minimum wage violations continue to make headlines, it is clear that legal protections must be strengthened to ensure that workers are not being stripped of their basic rights under state law. This bill would address an inequity that fosters worker exploitation and hinders any progress the state makes in the fight for equal pay. If enacted, New York-based professional sports teams utilizing the services of cheerleaders would provide them with the specified rights and benefits afforded to its employees under existing employment laws.

Fiscal impact to the state

To be determined.

Legislative history

2015 - died in Rules Committee; died in Assembly Labor Committee.

Effective date

This act shall take effect on the thirtieth day after it shall have become a law.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.