Ryan Braun AP

The State of Florida is now investigating Biogenesis, but it probably won’t matter for baseball

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Yesterday’s quite amusing editorial in which the Miami New Times stated its refusal to hand over its documents to Major League Baseball was notable for more than its fuzzy reasoning. It was notable because it revealed for the first time that the Florida Department of Health has opened up an investigation into the lab and its operator, Dr. Anthony Bosch.

Since that came out a number of heavy hitters including Buster Olney, Jeff Passan and others have noted that this could be the game-changer Major League Baseball needed. The argument: the government has subpoena power where MLB does not and that if there is to be a real investigation into what Ryan Braun, Alex Rodriguez and everyone else implicated did, subpoena power is what’s needed.

Which is true. But I think it would be a bad idea for anyone to hold their breath until the perp walks get going, the hearings convene and the bombshells get dropped.

The Florida Department of Health is the agency in question. No one at the Florida Department of Health is going to get a promotion for getting Ryan Braun suspended. More to the point, no one at the Florida Department of Health is going to be able to get its budget increased to accommodate the sort of nasty litigation and administrative fights it would have on its hands if it tried to bring in a parade of baseball players in some sort of proxy investigation for the benefit of Major League Baseball.  Even if some gunslinger at the Florida Department of Health was inclined to turn this into a baseball investigation, said gunslinger need only look at how poorly that all worked out for the grandstanding federal investigators and lawyers who went after baseball players in the past. Both in the p.r. department and the career advancement department, using government resources to do Major League Baseball’s job for it have been pretty ugly for them.

If you’re sitting in the Florida Department of Health, you’re sitting in a state where so-called anti-aging clinics like Biogenesis are on practically every corner and are patronized by a lot of older folks who vote.  Even if you want to do the noble thing and get rid of apparent shysters like Anthony Bosch, you don’t want to set precedents in which the public will come to expect you to subpoena patients and, ultimately, make it so they are disciplined at their places of work. Oh, and some local officials and others who care about tax revenus may want to have a word about you getting super zealous about closing down money making businesses unique to the state.

I spent most of my time in private practice, but I did spend most of a year in state government, counseling agencies like the Florida Department of Health and learning from lawyers who did that for far longer than I did. While it’s possible that they do things differently in Florida than Ohio, the smart money is on the Florida Department of Health investigating with a primary aim of permanently shuttering Biogenesis, punishing Anthony Bosch for administrative and, potentially, criminal violations and making sure Bosch is ridden out of the state on a rail.  If, in the meeting planning the investigation, someone said “when do we subpoena the patients and share the product of our investigation with their employer,” that person would probably be politely sent out for coffee and then marginalized going forward.

I understand the enthusiasm on the part of Major League Baseball and, it seems, on the part of some baseball writers to see the Florida Department of Health go after Ryan Bruan, A-Rod and everyone else, but really dudes, that’s not its job. And if it thought it was its job, any citizen of Florida should ask its government why in the hell believes such a thing.

Tim Lincecum to hold long-awaited showcase on Friday

SAN FRANCISCO, CA - JUNE 16:  Tim Lincecum #55 of the San Francisco Giants pitches against the Seattle Mariners during the game at AT&T Park on Tuesday, June 16, 2015 in San Francisco, California. (Photo by Brad Mangin/MLB Photos via Getty Images)
Brad Mangin/MLB Photos via Getty Images
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At long last, the Tim Lincecum showcase has an official date: this Friday, May 6 in Scottsdale, according to CSN Bay Area’s Alex Pavlovic (citing a report from MLB Network’s Jon Heyman). Lincecum, still a free agent, has been allowed to throw at the Giants’ facility in Arizona.

Lincecum, 31, has reportedly still drawn the interest in at least half the league. San Francisco remains Lincecum’s preferred landing spot, however, per Pavlovic.

The right-hander showed better results in 15 starts last season after three consecutive tough campaigns. He finished the 2015 season with a 4.13 ERA and a 60/38 K/BB ratio in 76 1/3 innings. Given how starting pitching is always in demand, Lincecum should walk away with a handful of offers.

Video: J.J. Hardy collects carom off Manny Machado’s glove, converts the out

A ball hit by Chicago White Sox' Todd Frazier gets by Baltimore Orioles third baseman Manny Machado during the fourth inning of a baseball game, Sunday, May 1, 2016, in Baltimore. Baltimore Orioles shortstop J.J. Hardy, not seen, was able to get the ball and throw it to first to get out Frazier on the play. (AP Photo/Nick Wass)
AP Photo/Nick Wass
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Some great defensive plays leave you saying, “Wow!” This one will leave you saying that, and, “How the heck did that happen?”

In the top of the fourth inning at Camden Yards, White Sox slugger Todd Frazier lined a Ubaldo Jimenez offering right at third baseman Manny Machado. The ball skipped and caromed off of Machado’s glove, creating what seemed to be an easy single for Frazier. Shortstop J.J. Hardy, however, was ranging to his right and used his cat-like reflexes to snag the redirected ball. He planted and threw a one-hopper to Chris Davis at first base to convert the out.

The replay at about 21 seconds really does the play justice. Outstanding stuff by Hardy. The Orioles, however, wound up losing 7-1 to the White Sox.

Clayton Kershaw K’s 14 in three-hit shutout, provides Dodgers’ only run

National League pitcher Clayton Kershaw, of the Los Angeles Dodgers, throws during the second inning of the MLB All-Star baseball game, Tuesday, July 15, 2014, in Minneapolis. (AP Photo/Jeff Roberson)
AP Photo/Jeff Roberson
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You could say Clayton Kershaw had a pretty good day. The Dodgers’ lefty limited the Padres to three hits over nine scoreless innings, striking out 14 while walking none. The Dodgers won 1-0, and Kershaw provided that lone run with a single up the middle in the third inning off of Drew Pomeranz.

Kershaw amassed a game score of 95 with the effort — the third game of his career with a game score of 95 or better. The others: a 97 game score against the Giants on September 29 last year, and 102 against the Rockies on June 18, 2014.

Kershaw improves to 3-1 on the year with a 1.96 ERA and a 54/3 K/BB ratio in 46 innings. He’s had double-digit strikeouts in each of his last four starts and he’s yet to go fewer than seven innings in all six starts this season.

Wanna work as a baseball broadcaster for free?

Two drake Mallard ducks fly over Lake Erie near the Cleveland shoreline, Tuesday, April 1, 2014, in Cleveland. Warming temperatures have brought a variety of waterfowl to the area as they stage for the northern migration. (AP Photo/Mark Duncan)
AP Photo/Mark Duncan
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(Hat tip to @ItsTonyNow on Twitter for pointing this story out.)

The Madison Mallards are a collegiate summer baseball team in Wisconsin. College players join the league to have an opportunity to showcase their talents for scouts. Though they’re not exactly the New York Yankees, the Mallards do relatively well for themselves. In 2013, they had the highest average attendance among amateur teams, per The Capital Times.

That makes one of their latest job postings seem rather curious. The Mallards are looking for someone to handle both play-by-play broadcasting duties as well as media relations, as seen in this post. Only one problem: the position is unpaid. Here’s the full description (emphasis mine):

The Madison Mallards are looking for an enthusiastic and ambitious individual to join the front office as the Radio Broadcaster.

This position will manage all day-to-day media relations duties and act as the traveling secretary on all road trips. This is a seasonal position, beginning in May 2016 and ending in mid-August. This position is unpaid. The candidate will serve as the full-time radio broadcaster, traveling with the team during the season.

Duties and responsibilities include but are not limited to:
* Write press releases promoting team initiatives including post-game recaps for the team website.
* Coordinate all aspects of team travel including notifying restaurants, hotels, and other teams, getting team orders, room assignments, etc.
* Broadcast all 72 Northwoods League games on 1670 The Zone including pre- and post-game shows, during the regular season (and playoffs if necessary).
* Ability to work long hours, including weekends, as business indicates.
* Strong written and verbal communication skills
* Produce radio commercials for the Mallards and business partners
* Work closely with GM and Corporate Service team to include all sponsor and promotional live reads each gameUpdate the Mallards website daily
* Other duties as assigned by GM

The habit of baseball teams looking for free labor isn’t exactly new. The U.S. Department of Labor investigated the Giants and Marlins in 2013 for possible wage law violations. That included the Giants being investigated for “possible improper use of unpaid interns.” The Giants ended up paying $544,715 in back wages. In a memo that year issued by Rob Manfred, he cited the Department of Labor believing that MLB’s habit of taking advantage of unpaid interns was “endemic to our industry.”

According to U.S. law, a for-profit company can hire an unpaid intern by meeting each of six criteria, according to FindLaw:

  • The internship is similar to training which would be given in an educational environment
  • The experience is for the benefit of the intern
  • The intern does not displace regular employees but works under close supervision of existing staff
  • The employer providing the training derives no immediate advantage from the activities of the intern and on occasion its operations may actually be impeded
  • There is no guarantee of a job at the conclusion of the internship
  • Both parties understand that the intern is not entitled to wages for the internship

It would seem that the third and fourth criteria wouldn’t be met.

The Mallards are almost certainly looking for a college student — not a well-credentialed media veteran — looking to add to his or her resume. They are also very clearly looking to take advantage of that student given the plethora of job responsibilities with no pay. Current college students are part of the millennial generation which has increasingly been taken advantage of through unpaid internships. Steven Greenhouse wrote for the New York Times in 2012:

No one keeps statistics on the number of college graduates taking unpaid internships, but there is widespread agreement that the number has significantly increased, not least because the jobless rate for college graduates age 24 and under has risen to 9.4 percent, the highest level since the government began keeping records in 1985. (Employment experts estimate that undergraduates work in more than one million internships a year, with Intern Bridge, a research firm, finding almost half unpaid.)

In a capitalist society, businesses are always going to search for the cheapest source of labor. Considering how bad the economy is and has been for millennials, they’ve had a pretty good time finding it. It’s hard to fault college students jumping at the opportunity to work in an industry they like in the hopes of one day landing a dream job. But as much as those businesses might loathe admitting it, that labor is worth something whether it’s for an amateur baseball team or a major league team.