Although state and federal labor laws addressing the distinction between regular employees and independent contractors can be a bit abstruse, what courts often look to as being of prime importance is an employer’s degree of control over a worker.

Is it indirect? Is a worker’s job deemed project-based and intended to be of a finite duration? Is supervision seldom forthcoming regarding the how-to-do-It details of a work task?

If such factors are clearly in evidence, a worker is often deemed an independent contractor.

If, conversely, the job being done is an integral component of the employer’s business, the worker’s duties carry over beyond one or more projects and the employer actively manages work matters, it is more likely that a worker will be designated as an employee.

An instructive California-based case spotlighting employees versus independent contractors puts professional cheerleaders front and center.

They have long been classified as contractors by the pro football teams that hire them.

That designation has prevailed despite their instant identification with their teams, the time they spend — season after season — practicing, rehearsing, working during games and making team-related appearances during the off season.

Performing such activities makes them employees, not contractors, states a newly passed law just signed by California Gov. Jerry Brown.

The designation is of high importance, given that, before it took effect, California’s National Football League teams were not obliged to offer their cheerleaders the protections accorded by state labor laws, including workers’ compensation coverage for injuries suffered during the course of employment.

“We would never tolerate shortchanging of women workers at any other workplace,” said the state legislator sponsoring the bill.

“An NFL game should be no different,” she added.

And now it won’t be in California from the upcoming season.

Source: CNN, “California cheerleaders win right to be paid and treated like regular employees,” Chris Isidore, July 16, 2015

Practice Areas
Latest Activity
Tell Us About Your Case
What our Clients Say

I have been working for a famous hotel in Los Angeles for more than 2.5 years when an accident happened inside the hotel and I had meniscus tear of my right knee and back pain. After I found out the management didn’t care of my situation I decided to get an attorney, so I researched on the computer and I found ODG Law Group. I met with Leanna and she explained how she can help me. Because she was very nice and honest person I signed a contract and she accepted my case. After few years I decided to settle my case and I was happy about it. I also want to thanks to Tina. She is very nice person and every time I contact her she helped me with good manner. Thank you ODG Law Group for your professional work.

~J.Y. Glendale CA

 

They helped me out when no one else would. They took the time to listen and were compassionate and patient. They have a wonderful and supportive staff. I always felt safe and cared for. They helped me reach a satisfactory conclusion to my case.

~A.C., Burbank, CA


Read More Testimonials
Worried About Your Injuries? We're Here to Help

We've helped countless injured workers get the answers they're looking for and stop worrying about what to do next. Fill out the form below and one of our legal professionals will consult with you for free.

*All Fields Required