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Agents Convicted for Smuggling Cuban Baseball Players

The criminal conviction of two sports agents for smuggling Cuban baseball players into the United States in an attempt to sign them to lucrative contracts serves as a reminder for agents, potential agents, and everyone else in the sports industry that compliance with the law is essential, even in the competitive business of sports management. … Continue Reading

Judge Recertifies MLB Minor League Collective and Class Action

Federal Magistrate Judge Joseph C. Spero struck a blow to MLB when he reversed course on his earlier decision and recertified a minor league collective and class action against MLB. In July 2016, the court decertified the minor league collective and class action in Senne, et al. v. Kansas City Royals Baseball Corp., et al., … Continue Reading

The Potential Trump Effect On The Sports World

While the nation and the world react to the victory of President-elect Donald Trump and theorize what his impending presidency will mean for national policy, the world of sports is not immune from similar meditation. The international nature of professional and collegiate sports has continued to grow during the early portion of this millennium and … Continue Reading

MLB Looks For A Strike Out In Stadium Safety Case

Major League Baseball has asked a California federal court to dismiss a proposed class action claim that accuses the league of failing to sufficiently protect spectators with safety netting. Brought in the U.S. District Court for the Northern District of California, Gail Payne et al. v. Office of the Commissioner of Baseball et al., 4:15-cv-03229, … Continue Reading

…And The Judge Taketh Away: Minor League Baseball Players Strike Out In Bid To Have FLSA, State Wage Claims Against MLB Certified As Collective And Class Actions

A federal Magistrate judge in San Francisco has sided with Major League Baseball against former minor league players in an effort to have their lawsuit claiming minimum wage and overtime violations under the Fair Labor Standards Act certified as a collective action and their state wage and hour claims certified as a class action. Chief … Continue Reading

Proposal in Congress Would Prevent Overtime Pay for Minor Leaguers

Representatives Cheri Bustos (D-IL) and Brett Guthrie (R-KY) have introduced the Save America’s Pastime Act  (SAPA) to preserve the decades-old minor league pay structure which prevents players from receiving overtime compensation under the Fair Labor Standards Act (FLSA) (Bustos withdrew her support for the legislation almost immediately after its introduction following her constituency’s negative reaction, … Continue Reading

USCIS Proposal Clarifies Criteria for Athletes

The U.S. Citizenship and Immigration Services (USCIS) has proposed new guidance for adjudicating O-1 visa petitions for athletes and other individuals of extraordinary ability in certain fields. If the proposal becomes effective, athletes will have greater flexibility in satisfying the O-1 visa criteria. Under current USCIS regulations, an athlete may qualify for an O-1 visa … Continue Reading

NCAA Changes Course: High School Baseball Draftees Allowed To Hire Agents

The NCAA has voted to modify its existing rules dramatically to permit high school baseball players drafted in the Major League Baseball (MLB) amateur draft to hire agents to negotiate contracts with the Major League teams that drafted the players, without sacrificing college eligibility should they fail to successfully negotiate a professional contract. The NCAA’s authorized use … Continue Reading

Minor League Players Granted Conditional Class Certification in Wage Suit

A group of former minor league baseball players alleging they were not paid the minimum wage in violation of the Fair Labor Standards Act has been granted conditional class certification in a suit brought in California federal court against Major League Baseball teams. Now, both current and former minor league players will have the opportunity … Continue Reading

Minor League Players Strike Out in Effort to Bring Antitrust Class Action against Major League Baseball

A California federal judge has dismissed a putative class action alleging Major League Baseball and Commissioner Bud Selig violated federal antitrust law by conspiring to restrict the salaries of minor league players. Miranda et al. v. Office of the Commissioner of Baseball et al., No. 14-cv-05349 (N.D. Cal. Sept. 14, 2015). The plaintiffs accused all … Continue Reading

Uniform Law Commission Approves Changes to Uniform Athlete Agents Act

The Uniform Law Commission (ULC) has approved significant changes to the Uniform Athlete Agents Act (UAA) at its recent annual meeting. The UAA, first adopted in 2000, has been enacted in 40 states, as well as the District of Columbia and the U.S. Virgin Islands. Laws similar to the UAA have been enacted by several … Continue Reading

Minor League Baseball Players’ Minimum Wage, Overtime Claims Proceed to Class Certification Stage

Former minor league baseball players are one step closer to gaining class certification of their wage and hour lawsuit against 22 Major League Baseball (“MLB”) franchises. The players allege that the franchises have been paying them less than minimum wage, denying them overtime pay, and requiring them to train during off-season without any pay. They … Continue Reading

The Top Five Immigration Mistakes Made By Foreign Athletes

In 2014, opening day rosters in the National Basketball Association listed 101 players born outside the United States, Major League Baseball boasted 224 players from countries such as Japan, Korea, Dominican Republic, Venezuela, Japan, Cuba, and Mexico, not to mention the many players from other countries in the National Hockey League, Major League Soccer, and … Continue Reading

Major League Baseball Players Association Amends Agent Regulations To Require Written Exams For Applicants

For the first time since October 1, 2010, the Major League Baseball Players Association (MLBPA) has enacted a series of amendments to its regulations governing player agents. Approved during the MLBPA’s recent annual Executive Board meeting in Orlando, the amendments address the union’s ongoing effort to improve the quality and knowledge of agent applicants. Each … Continue Reading
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