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Minor leaguers wage suit against MLB recertified as a class action

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Minor leaguers suing Major League Baseball over unfair labor prospects got some good news last night: their case, which was originally a class action lawsuit, but then decertified as a class action last summer, has once again been certified as a class action by the trial judge.

The background: in 2014, former Miami Marlins player Aaron Senne sued Major League Baseball, Bud Selig, and three major league clubs claiming that minor leaguers are underpaid and exploited in violation of the Fair Labor Standards Act. He was later joined by former Royals minor leaguer Michael Liberto and Giants farmhand Oliver Odle. Eventually others joined and the suit had been expanded to 22 teams as defendants.

The upshot of the case is that, while the minor league season lasts only part of the year, players are required to do all sorts of things outside of merely playing games for which they are not compensated. Training, meetings, appearances and the like. When all of that time is added up, the players claim, their already low salaries are effectively far below minimum wage in violation of the law. Major League Baseball has countered this by claiming that minor leaguers are basically part time seasonal workers — like landscapers and pool boys — who are not subject to federal labor laws.

In 2015, the judge handling the case gave the plaintiffs conditional certification, allowing the players to try to establish that it should go forward as a class action. This would streamline the case from the plaintiffs’ perspective and give them the power of collective action by asserting hundreds or more similar cases into one proceeding. Last July, however, the judge reversed his ruling, saying that the cases really weren’t factually similar and thus collective action was not appropriate because figuring out how many hours each player worked and what was required of him varied too greatly among the players. That was a big setback.

For the past several months, discovery has continued. And now, today, after reviewing more evidence and hearing more arguments, the judge recertified a narrower class. The exact composition of the class is yet to be determined, but it will likely include minor leaguers who worked in the California League since 2010. That could affect as many as 2,100 former minor leaguers who played between 2010 and 2015.

There is still a lot of work to be done — the parties will now work on a case schedule, which could still extend years — but the work of getting fair wages for minor leaguers presses on. And the longer it presses on and the closer it gets to resolution, the more pressure it puts on Major League Baseball to change the way it approaches its minor league workforce.

 

Rob Manfred talks about playing regular season games in Mexico

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The new Collective Bargaining Agreement commits the players and the league to regular season games on foreign soil. Most of the focus of this has been on games in London, for which there has been a lot of activity and discussion.

Yesterday before the Astros-Tigers game in Houston, however, Commissioner Rob Manfred talked about playing games in Mexico. And not as just a one-off, but as a foot-in-the-water towards possible expansion:

Commissioner Rob Manfred said Tuesday that the time had come to play regular-season games in Mexico City as Major League Baseball weighs international expansion.

“We think it’s time to move past exhibition games and play real live ‘they-count’ games in Mexico,” Manfred said. “That is the kind of experiment that puts you in better position to make a judgement as to whether you have a market that could sustain an 81-game season and a Major League team.”

A team in Mexico could make some geographic sense and some marketing sense, though it’s not clear if there is a city that would be appropriate for that right now. Mexico City is huge but it has plenty of its own sports teams and is far away from the parts of the country where baseball is popular (mostly the border states and areas along the Pacific coast). At 7,382 feet, its elevation would make games at Coors Field look like the Deadball Era.

Monterrey has been talked about — games have been played there and it’s certainly closer — but it’s somewhat unknown territory demographically speaking. It’s not as big as Mexico City, obviously. Income stratification is greater there and most of the rest of Mexico than it is in the United States too, making projections of how much discretionary income people may spend on an expensive entertainment product like Major League Baseball uncertain. Especially when they have other sports they’ve been following for decades.

Interesting, though. It’s something Manfred has talked about many times over the years, so unlike so many other things he says he’s “considering” or “hasn’t ruled out,” Major League Baseball in Mexico is something worth keeping our eyes on.

 

Joc Pederson and Yasiel Puig had a brutal collision in right center field

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The score was tied in the top of the 10th inning in last night’s game between the Dodgers and the Cardinals. Yadier Molina was up to bat, facing Kenley Jansen and drove one to deep right center field.

Yasiel Puig was in full run for the ball as center fielder Joc Pederson ranged hard for it himself. Puig caught the ball, but not before slamming into Pederson. Both men went down, but Pederson went down harder, taking an elbow to the face from Puig before crashing head-first into the outfield wall.

Watch:

 

Pederson came out of the game, apparently bleeding from his head. There will be an update on his condition today.

UPDATE: Oops, there was an update last night: