Senate Bill S5847A

                                 BILL NUMBER:  S5847A

 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.