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S4143Senate2019-2020 SessionSame asA327

Give Cheerleaders Worker Protections

Official title

“Grants employee protections conferred by the labor law to cheerleaders”

Sponsor Diane J. SavinoSD-23Affects Economy
Status
In Senate Committee
Labor
Impact
5/10
Moderate
Passage
0%

Bill progress

Step 2 of 7

In committee · Labor

What's happening

This bill requires professional sports teams in New York to provide cheerleaders the same employee rights, benefits, and protections as athletes.

Why it matters

  1. Closes a significant labor rights gap. By explicitly including cheerleaders under the same labor protections as athletes, the bill addresses longstanding disparities in pay, workplace safety, and benefits that have historically affected cheerleaders in professional sports.

  2. Broad and inclusive definition. The bill’s definition of "cheerleader" is intentionally broad, covering not only traditional cheerleading but also dance teams, gymnasts, acrobatic performers, and even ice skaters who promote a team—potentially expanding protections to a wide range of roles often overlooked.

  3. Mandates equal treatment by law. The legislation compels professional sports franchises to extend all employee rights and benefits established under New York labor law to cheerleaders, ensuring they have access to minimum wage, overtime, anti-discrimination protections, and recourse for workplace grievances.

  4. Sets a precedent for other states and industries. If enacted, this law could influence similar reforms in other states or entertainment sectors where performers—often women—are excluded from basic worker protections, signaling a broader cultural shift toward workplace equity.

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Who cares

  • Cheerleaders for New York-based professional sports teams

    The bill would require covered teams to provide them with all Labor Law rights, benefits and protections afforded to employees for all services benefiting the team.

  • New York-based professional sports teams

    Teams that employ athletes under professional sports-services contracts and use cheerleaders at games or exhibitions would have to extend those protections to their cheerleaders.

  • Dancers, acrobats, gymnasts and ice skaters promoting professional teams

    The bill’s definition of cheerleader would include these performers when they promote a covered sports franchise.

Headline styles

Give Cheerleaders Worker Protections

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Diane J. Savino

Senator · Senate District 23

Chair, Internet And Technology

No co-sponsors yet.

History

  1. Referred to labor
  2. Referred to labor

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.

A327Assembly

Protect Cheerleaders as Employees

In Assembly Committee · Labor · Sponsor Nily Rozic

Impact 5 · Moderate0% to pass

Full text

1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

4143

2019-2020 Regular Sessions

IN SENATE

March 1, 2019

Introduced by Sen. SAVINO -- read twice and ordered printed, and when printed to be committed to the Committee on Labor

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

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. The labor law is amended by adding a new section 219-d to read as follows:

§ 219-d. Application to cheerleaders. 1. A professional sports team based in this state that employs professional athletes who have entered into professional sports-services contracts, as defined by subdivision eight of section eight hundred ninety-nine-a of the general business law, and that utilizes the services of cheerleaders during its exhibitions or games, shall provide such cheerleaders with all of the rights, benefits and protections conferred to its employees by this chapter for all services provided for the benefit of the team.

2. For the purposes of this section, "cheerleader" means an individual who performs acrobatics, dance, gymnastic exercises, ice skating, or other performances in promotion of a professional sports franchise identified in subdivision one of this section.

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

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD01110-01-9

Reflowed for reading: line numbers and page breaks removed. Cite the official text.

Sponsor's memo

Title of bill

An act to amend the labor law, in relation to estab- lishing the cheerleaders' fair pay act

Purpose

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

Summary of provisions

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.

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 Foot- ball 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 misclassifica- tion, 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 Foot- ball League teams such as the Oakland Raiders and the Tampa Bay Bucca- neers. The Ails 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 unenforcea- ble.

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 cheer- leaders 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

2015/2016 Session: 55847 - referred to Labor - no significant action 2018 Session - S8896 - referred to Labor - no significant action

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.