News & Analysis as of

MLB Fair Labor Standards Act (FLSA)

Constangy, Brooks, Smith & Prophete, LLP

MLB and Players Union pursue exemptions from state wage-hour laws

The players say, “No thanks.” Florida and California are seen as polar opposites when it comes to policy and lawmaking. However, there is at least one thing they seem to agree on – minor league baseball players should be...more

Flaster Greenberg PC

What Clubs & Leagues Need to Know About Paying Professional Athletes Overtime

Flaster Greenberg PC on

A common misconception is that individuals paid on a salary basis are not entitled to overtime. Another common miscommunication is that if an employee earns a high salary, then that exempts them from earning overtime. Both of...more

Constangy, Brooks, Smith & Prophete, LLP

Minor League Baseball players agree to expanded FLSA exemption in new contract

Will Congress go for it? On April 3, Major League Baseball and the MLB Players Association agreed to the first-ever collective bargaining agreement covering minor league baseball players. As I previously discussed, this...more

ArentFox Schiff

Class Actions Quarterly Update: Supreme Court

ArentFox Schiff on

The Supreme Court ruled on several cases involving class actions in the last few months. A case awaiting certiorari could dramatically change the jurisdictional requirements for plaintiffs in class actions across the country....more

Mitchell, Williams, Selig, Gates & Woodyard,...

Saving America's Pastime Means Not Paying Minor League Players

In 2018, Congress passed the “Save America’s Pastime Act” (introduced as H.R. 5580) to exempt minor league players from the protections of the Fair Labor Standards Act “FLSA.” While it was tucked away in a voluminous omnibus...more

Payne & Fears

Minor League Compensation and the Save America’s Pastime Act of 2018

Payne & Fears on

“BASEBALL IS LIFE. The rest is just details.” To members of the Green Valley High School (Henderson, Nevada) varsity baseball team in the mid-1990s, this wasn’t just a catchphrase on a t-shirt; it was gospel. We lived and...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Baseball Players Strike Out on Minimum Wage in Federal Spending Legislation

Among the many provisions of the $1.3 trillion omnibus spending bill that Congress passed in March of 2018—buried on page 1,967—is an exemption for minor league baseball players from federal minimum wage protections. The Save...more

Littler

WPI Wage Watch: Minimum Wage and Overtime Updates (May Edition)

Littler on

Just under halfway through 2017, minimum wage and overtime developments have shifted into overdrive. Proposals submitted by federal legislators from both sides of the aisle highlight the different approaches the country’s...more

Jackson Lewis P.C.

Judge Recertifies MLB Minor League Collective and Class Action

Jackson Lewis P.C. on

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....more

Bradley Arant Boult Cummings LLP

Hit by the Pitch: Federal Judge De-Certifies FLSA Class Action of Minor League Baseball Players

In a 100+ page opinion, federal Magistrate Judge Joseph Spero of the Northern District of California refused to grant the Plaintiffs’ motion to certify a class of minor league baseball players and instead granted the baseball...more

Seyfarth Shaw LLP

MLB FanFest Volunteers Strike Out at Second Circuit Under FLSA’s Seasonal Amusement or Recreational Establishment Exemption.

Seyfarth Shaw LLP on

Last week, the Second Circuit affirmed a lower court decision in Chen v. Major League Baseball Properties, Inc., et al., holding that FanFest—a five-day interactive baseball theme park organized in conjunction with Major...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Major League Baseball Volunteers Are not Employees Under the FLSA

On March 26, 2014, the District Court for the Southern District of New York dismissed John Chen’s proposed Fair Labor Standards Act (FLSA) collective action against Major League Baseball (MLB) alleging that MLB had failed to...more

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