Thursday, March 7, 2019

Minor League Baseball Players Working Without Pay

USA Today Sports has an interesting article on minor league baseball players and their low--and, during major league spring training, nonexistent--pay. Major League Baseball classifies minor league players as being involved in "short-term seasonal apprenticeships." The article does a nice job showing why that's a stretch, to put it mildly. How has MLB pulled this off? Lobbying, and lots of it. The article explains some of the special legal maneuvers at play (pun intended):

Minor league players earn salaries that amount to less than minimum wage for up to seven years on their first pro contracts, and the rigorous spring-training schedule doesn’t exactly allow time for moonlighting.

After a lobbying effort by MLB, last year’s $1.3 trillion congressional spending bill — signed into law by Donald Trump in March — included an amendment to the Fair Labor Standards Act to exempt minor-league baseball players from federal minimum-wage protection. The so-called Save America’s Pastime Act, originally introduced in 2016 by a pair of congresspersons who received campaign donations from MLB’s PAC, appeared on page 1,967 of the 2,232 omnibus 2018 spending bill.

This winter, the league endorsed a bill in the Arizona House of Representatives to extend the federal exemption into state law in Arizona, the spring-training home for half of Major League teams. Representative T.J. Shope, who sponsored the bill, told the Arizona Capitol Times in January that spring training is “essentially a tryout,” even though all players training in every camp are already under contract with their organizations.

Shope told For The Win by email that the Arizona bill did not pass and “was probably dead before it began.” It didn’t get out of committee, meaning it never reached the statehouse floor for a vote.

That dead bill, like the inclusion of the Save America’s Pastime Act in the 2018 budget, undoubtedly reflects Major League Baseball’s efforts to combat a lawsuit first filed in 2014. Spearheaded by St. Louis-based attorney and former minor-league pitcher Garrett Broshuis, the suit seeks to apply federal minimum-wage laws to the salaries of minor leaguers. Pro players in low minor-league levels make as little as $1100 a month, only get paid during the regular season, and do not receive overtime compensation.

“MLB has signed these players up to seven-season employment contracts,” Broshuis said by phone this week. “They’re enjoying the benefits of controlling these players for seven years. On the contract, it calls them employees. They have a responsibility to treat them as normal employees should be treated. They can’t enjoy the benefits of it and not be required to meet the responsibilities that come with it.

Even if you're not a sports fan, this issue is a good reminder that wage and classifications issues didn't start with Uber. In fact, I see a lot of parallels with other industries that manage to dangle low probability/high reward opportunities in front of individuals who will work for nothing, whether as an apprentice, volunteer, or intern (I'm looking at you, fashion and entertainment industries).

Definitely read the article, as it provides a lot of detail about what's going on and the severe disparities that exist on the same field.

-Jeff Hirsch

https://lawprofessors.typepad.com/laborprof_blog/2019/03/minor-league-baseball-players-working-without-pay.html

Labor and Employment News, Wage & Hour | Permalink

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