As part of $1.3 trillion omnibus spending bill signed by President Donald Trump in March, section 13(a) of the Fair Labor Standards Act is amended to exempt minor league baseball players from a class of workers entitled to certain minimum wages and overtime pay under the FLSA. The amendment, known as the Save America’s Pastime … Continue Reading
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
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
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
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
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
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
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
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
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
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 and the Major League Baseball Players Association have negotiated changes to its current Joint Drug Treatment and Prevention Program to create the most stringent drug program in baseball history. In an effort to eradicate performance enhancing drugs from the game, the revised drug protocol contains a significant increase in penalties for violations … Continue Reading
Major League Baseball (MLB) has announced an unprecedented addition to its current drug testing program in an effort to eliminate player use of human growth hormone (HGH). Beginning with the 2013 season, MLB will conduct random, unannounced, in-season blood testing for HGH. All players will be tested at least once during the season. This marks … Continue Reading
As part of the new collective bargaining agreement between owners and major league players, Major League Baseball (MLB) has introduced a new social media policy for all 40-man roster players. In an introductory memorandum to affected players, MLB acknowledges the importance of social media and encourages player use for communicating with fans. It states, “We … Continue Reading
What: Duke Law School’s 2nd Annual Sports and Entertainment Law Symposium – The Business: Recent Developments and New Challenges in Sports, Entertainment and the Law When: March 16, 2012 (9:00 a.m. – 5:00 p.m.) Where: Duke Law School 3043 (map) Schedule of Events 9:00 – 9:20: Registration and Networking Breakfast 9:20 – 9:30: Opening Remarks 9:30 – 10:15: Collective Bargaining Panel … Continue Reading
Major League Baseball (MLB) and its players’ union have executed a new five year collective bargaining agreement (CBA) that will run through the 2016 season. The highlights of the new CBA include blood testing for Human Growth Hormone (HGH) and a rise in the minimum major league salary from $414,000 to $480,000 in 2012 and … Continue Reading
The Jackson Lewis Collegiate and Professional Sports Industry Group will be a featured participant at Arizona State’s 2nd Sports and Entertainment Law Conference. The full details of the conference are posted below. What: Arizona State University Sandra Day O’Connor College of Law’s 2nd Annual Conference on Sports and Entertainment Law When: Saturday, November 5, 2011 (9 a.m. – 5 … Continue Reading
Consider the dilemma of a newly drafted NHL hockey player from Canada. After signing his Standard Player Contract, obtaining his P visa, and loading up his gear and heading to the border with his long-time girlfriend to begin training camp, both are stopped at the border. The immigration officer questioned the girlfriend’s intention to travel … Continue Reading
Major League Baseball and its Players Association have reached two unprecedented accords on concussion protocols and pension revisions for a limited group of its retired players. While the NFL and its players are embroiled in a legal battle in federal court and the NBA and its players appear headed in the same direction, the working … Continue Reading
