AB 202 — Professional sports teams: cheerleaders: employee status.
Last action — Chaptered by Secretary of State - Chapter 102, Statutes of 2015.
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✓Introduced
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✓In Committee
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✓Passed Assembly
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✓Passed Senate
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced January 29, 2015. Enacted.
Prognosis
Where this bill stands today.
Odds of enactment
HighHow often bills like it became law.
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Enacted
Current position in the legislative process.
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1 sponsor
1 primary, 0 co-sponsors signed on.
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Single-party support
Sponsorship is currently within one party (1 R).
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Cleared a recorded vote
Passed 6 recorded votes so far.
Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.
Summary
Existing law prescribes comprehensive requirements relating to minimum wages, overtime compensation, and standards for working conditions for the protection of employees applicable to an employment relationship. Existing law requires employers to make specified payments and withholdings from wages paid to employment to, and to file reports of wages and make contributions for unemployment insurances and the employment administering the state's payroll taxes. Existing law, the California Fair Employment and Housing Act, makes it an unlawful employment practice for an employer, unless based upon a bona fide occupational qualification or, except where based upon applicable security regulations to refuse to hire or employ a person or to refuse to select a person for a training program leading to employment, or to bar or discharge a person from employment or from a training program leading to employment, or to discriminate against a person in compensation or in terms, conditions, or privileges of employment because of the race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status of the person. This bill, for purposes of all of the provisions of state law that govern employment, including the Labor Code, the Unemployment Insurance Code, and the California Fair Employment and Housing Act, would require a cheerleader who is utilized by a California-based professional sports team during its exhibitions, events, or games to be deemed an employee. The bill would also require the professional sports team to ensure that the cheerleader is classified as an employee. Because a violation of specified employment laws, including wage and hour laws, that would apply to California-based professional sports teams utilizing cheerleaders would be a crime, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.
Bill Text
- Chaptered 07/15/15 - Chaptered Current pdf July 15, 2015
- Enrolled 07/02/15 - Enrolled pdf July 02, 2015
- Amended 04/15/15 - Amended Assembly pdf April 15, 2015
- Amended 04/06/15 - Amended Assembly pdf April 06, 2015
- Introduced 01/29/15 - Introduced pdf January 29, 2015
- AB202 View text html
Action History
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Chaptered by Secretary of State - Chapter 102, Statutes of 2015.
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Approved by the Governor.
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Enrolled and presented to the Governor at 2 p.m.
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In Assembly. Ordered to Engrossing and Enrolling.
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Read third time. Passed. Ordered to the Assembly. (Ayes 26. Noes 6. Page 1662.).
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Read second time. Ordered to third reading.
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From committee: Be placed on second reading file pursuant to Senate Rule 28.8.
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From committee: Do pass and re-refer to Com. on APPR. (Ayes 3. Noes 1.) (June 10). Re-referred to Com. on APPR.
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Referred to Com. on L. & I.R.
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In Senate. Read first time. To Com. on RLS. for assignment.
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Read third time. Passed. Ordered to the Senate. (Ayes 56. Noes 23. Page 1383.)
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Read second time. Ordered to third reading.
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From committee: Do pass. (Ayes 12. Noes 5.) (May 6).
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From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 2.) (April 21). Re-referred to Com. on APPR.
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Re-referred to Com. on A.,E.,S.,T., & I.M.
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From committee chair, with author's amendments: Amend, and re-refer to Com. on A.,E.,S.,T., & I.M. Read second time and amended.
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From committee: Do pass and re-refer to Com. on A.,E.,S.,T., & I.M. (Ayes 5. Noes 2.) (April 8). Re-referred to Com. on A.,E.,S.,T., & I.M.
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Re-referred to Com. on L. & E.
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From committee chair, with author's amendments: Amend, and re-refer to Com. on L. & E. Read second time and amended.
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Referred to Coms. on L. & E. and A.,E.,S.,T., & I.M.
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From printer. May be heard in committee March 1.
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Read first time. To print.
Sponsors
- Jeff Gonzalez · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 121 not signed on · 10 voted No
Sponsors (1)
- Gonzalez, Jeff Republican
Co-sponsors (0)
None.
Not signed on (121)
121 members have not signed on to this bill.
Show all 121 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 24 | 6 | 0 | 7 |
| Democratic | 2 | 0 | 0 | 1 |
| Total | 26 | 6 | 0 | 8 |
| % of votes cast | 65% | 15% | 0% | 20% |
How each member voted (40)
| Member | Party | Vote |
|---|---|---|
| Block | — | Yea |
| Hertzberg | — | Yea |
| Hueso | — | Yea |
| Lara | — | Yea |
| Morrell | — | Nay |
| Nielsen | — | Not Voting |
| Pavley | — | Yea |
| Wolk | — | Not Voting |
| Glazer | — | Yea |
| Fuller | — | Not Voting |
| Galgiani | — | Yea |
| Allen | — | Yea |
| Mitchell | — | Yea |
| De León | — | Yea |
| Hall | — | Yea |
| Cannella | — | Yea |
| Runner | — | Not Voting |
| Hancock | — | Yea |
| Hernandez | — | Yea |
| Anderson | — | Nay |
| Bates | — | Not Voting |
| Beall | — | Yea |
| Hill | — | Yea |
| Huff | — | Not Voting |
| Leno | — | Yea |
| Leyva | — | Yea |
| Liu | — | Yea |
| Mendoza | — | Yea |
| Monning | — | Yea |
| Moorlach | — | Nay |
| Pan | — | Yea |
| Roth | — | Yea |
| Vidak | — | Nay |
| Wieckowski | — | Yea |
| Beth Gaines | — | Not Voting |
| Bill Berryhill | — | Nay |
| Mark Stone | — | Nay |
| Jackson, Corey A. | Democratic | Yea |
| McGuire, Mike | Democratic | Yea |
| Nguyen, Stephanie | Democratic | Not Voting |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 3 | 1 | 0 | 0 |
| Democratic | 0 | 0 | 0 | 1 |
| Total | 3 | 1 | 0 | 1 |
| % of votes cast | 60% | 20% | 0% | 20% |
How each member voted (5)
| Member | Party | Vote |
|---|---|---|
| Mendoza | — | Yea |
| Mitchell | — | Yea |
| Leno | — | Yea |
| Mark Stone | — | Nay |
| Jackson, Corey A. | Democratic | Not Voting |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 52 | 17 | 0 | 1 |
| Democratic | 4 | 0 | 0 | 0 |
| Republican | 0 | 6 | 0 | 0 |
| Total | 56 | 23 | 0 | 1 |
| % of votes cast | 70% | 29% | 0% | 1% |
How each member voted (80)
| Member | Party | Vote |
|---|---|---|
| Achadjian | — | Yea |
| Alejo | — | Yea |
| Bloom | — | Yea |
| Brough | — | Nay |
| Brown | — | Yea |
| Jones-Sawyer | — | Yea |
| Low | — | Yea |
| Maienschein | — | Yea |
| Mathis | — | Nay |
| Mullin | — | Yea |
| O'Donnell | — | Yea |
| Obernolte | — | Nay |
| Quirk | — | Yea |
| Ridley-Thomas | — | Yea |
| Santiago | — | Yea |
| Steinorth | — | Nay |
| Eggman | — | Yea |
| Cooper | — | Yea |
| Burke | — | Yea |
| Campos | — | Yea |
| Chau | — | Yea |
| Salas | — | Yea |
| Chiu | — | Yea |
| Bonilla | — | Yea |
| Gatto | — | Yea |
| Gordon | — | Yea |
| Gray | — | Yea |
| Lopez | — | Yea |
| Holden | — | Yea |
| Levine | — | Yea |
| Linder | — | Yea |
| Chu | — | Yea |
| McCarty | — | Yea |
| Baker | — | Yea |
| Cooley | — | Yea |
| Dababneh | — | Yea |
| Daly | — | Yea |
| Dodd | — | Yea |
| Medina | — | Yea |
| Nazarian | — | Yea |
| Perea | — | Yea |
| Rendon | — | Yea |
| Rodriguez | — | Yea |
| Thurmond | — | Yea |
| Ting | — | Yea |
| Waldron | — | Yea |
| Weber | — | Yea |
| Williams | — | Yea |
| Wood | — | Yea |
| Atkins | — | Not Voting |
| Harper | — | Nay |
| Kim | — | Nay |
| Mayes | — | Nay |
| Bigelow | — | Nay |
| Chang | — | Nay |
| Chávez | — | Nay |
| Melendez | — | Nay |
| Olsen | — | Nay |
| Wagner | — | Nay |
| Wilk | — | Nay |
| Frazier | — | Yea |
| Gomez | — | Yea |
| Gonzalez | — | Yea |
| Hadley | — | Nay |
| Beth Gaines | — | Nay |
| Cristina Garcia | — | Yea |
| Eduardo Garcia | — | Yea |
| Mark Stone | — | Yea |
| Roger Hernández | — | Yea |
| Travis Allen | — | Nay |
| Bonta, Mia | Democratic | Yea |
| Calderon, Lisa | Democratic | Yea |
| Gipson, Mike A. | Democratic | Yea |
| Irwin, Jacqui | Democratic | Yea |
| Dahle, Megan | Republican | Nay |
| Gallagher, James | Republican | Nay |
| Grove, Shannon | Republican | Nay |
| Jones, Brian W. | Republican | Nay |
| Lackey, Tom | Republican | Nay |
| Patterson, Joe | Republican | Nay |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 10 | 3 | 0 | 0 |
| Democratic | 2 | 0 | 0 | 0 |
| Republican | 0 | 2 | 0 | 0 |
| Total | 12 | 5 | 0 | 0 |
| % of votes cast | 71% | 29% | 0% | 0% |
How each member voted (17)
| Member | Party | Vote |
|---|---|---|
| Bloom | — | Yea |
| Wagner | — | Nay |
| Weber | — | Yea |
| Wood | — | Yea |
| Eggman | — | Yea |
| Daly | — | Yea |
| Gomez | — | Yea |
| Holden | — | Yea |
| Bigelow | — | Nay |
| Chang | — | Nay |
| Quirk | — | Yea |
| Rendon | — | Yea |
| Eduardo Garcia | — | Yea |
| Bonta, Mia | Democratic | Yea |
| Calderon, Lisa | Democratic | Yea |
| Gallagher, James | Republican | Nay |
| Jones, Brian W. | Republican | Nay |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 4 | 2 | 0 | 0 |
| Democratic | 1 | 0 | 0 | 0 |
| Total | 5 | 2 | 0 | 0 |
| % of votes cast | 71% | 29% | 0% | 0% |
How each member voted (7)
| Member | Party | Vote |
|---|---|---|
| Medina | — | Yea |
| Obernolte | — | Nay |
| Hadley | — | Nay |
| Chu | — | Yea |
| Levine | — | Yea |
| Nazarian | — | Yea |
| Calderon, Lisa | Democratic | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 5 | 1 | 0 | 0 |
| Republican | 0 | 1 | 0 | 0 |
| Total | 5 | 2 | 0 | 0 |
| % of votes cast | 71% | 29% | 0% | 0% |
How each member voted (7)
| Member | Party | Vote |
|---|---|---|
| Harper | — | Nay |
| Low | — | Yea |
| Chu | — | Yea |
| McCarty | — | Yea |
| Thurmond | — | Yea |
| Roger Hernández | — | Yea |
| Patterson, Joe | Republican | Nay |
Subjects
Frequently asked questions
- What does AB 202 do?
- Existing law prescribes comprehensive requirements relating to minimum wages, overtime compensation, and standards for working conditions for the protection of employees applicable to an employment relationship. Existing law requires employers to make specified payments and withholdings from wages paid to employment to, and to file reports of wages and make contributions for unemployment insurances and the employment administering the state's payroll taxes. Existing law, the California Fair Employment and Housing Act, makes it an unlawful employment practice for an employer, unless based upon a bona fide occupational qualification or, except where based upon applicable security regulations to refuse to hire or employ a person or to refuse to select a person for a training program leading to employment, or to bar or discharge a person from employment or from a training program leading to employment, or to discriminate against a person in compensation or in terms, conditions, or privileges of employment because of the race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status of the person. This bill, for purposes of all of the provisions of state law that govern employment, including the Labor Code, the Unemployment Insurance Code, and the California Fair Employment and Housing Act, would require a cheerleader who is utilized by a California-based professional sports team during its exhibitions, events, or games to be deemed an employee. The bill would also require the professional sports team to ensure that the cheerleader is classified as an employee. Because a violation of specified employment laws, including wage and hour laws, that would apply to California-based professional sports teams utilizing cheerleaders would be a crime, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.
- Who sponsors AB 202?
- AB 202 is sponsored by Gonzalez, Jeff (Republican).
- What is the current status of AB 202?
- This bill has been enacted into law. Introduced January 29, 2015. Enacted.
- Where can I track AB 202?
- Track AB 202 free on One Click Politics — get push/email alerts when it moves.
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