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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.

 

Oh good, it’s “Yasiel Puig is a showboat” season

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With the Los Angeles Dodgers punching their ticket to the World Series, Yasiel Puig is now going to be the subject of commentary by people who tend not to care about Yasiel Puig until it’s useful for them to write outraged columns or go on talk radio rants about baseball deportment.

We got a brief teaser of this last night when, after scoring the Dodgers’ ninth run on a Logan Forsythe double, TBS analyst Ron Darling criticized Puig for his “shenanigans” and “rubbing it in.” Never mind that his third base coach was waving him home and that, if he didn’t run hard, he was just as likely to be criticized for dogging it. In other news, baseball teams don’t stop trying in the fourth inning of baseball games, nor should they.

That was just an appetizer, though. The first real course of the “Puig is a problem” feast we’re likely to be served over the next week and a half comes from Phil Mushnick of the New York Post, who wrote it even before the Dodgers won Game 5 last night:

If you were raised to love baseball and to recognize the smart, winning kind from everything less, the Dodgers’ Yasiel Puig is insufferable. As the sport is diminished by professionals who disregard the basic act of running to first base as a matter of style, Puig, an incurable home-plate poser, often makes turning doubles and triples into singles appear effortless . . . In the postseason, Puig continues to behave as if he’s in the Home Run Derby. He even seems to relish his high-risk flamboyant foolishness despite frequent backfires.

This may as well be a fill in the blanks column from 2013 or 2014, when “Puig is a flashy showboater who costs his team more than he gives it” columns were all the rage. It ignores the fact that Puig, commonly dinged for being lazy, worked his butt off in 2017, particularly on defense, to the point where he has a strong case for a Gold Glove this year. It also ignores his .455/.538/.727 line in the NLDS sweep of the Diamondbacks and his .389/.500/.611 line against the Cubs in the NLCS. In the regular season he set career highs for games, homers, RBI, stolen bases and almost set a career high for walks despite having seventy fewer plate appearances than he did back in 2013 when he walked 67 times. He’s not the MVP candidate some thought he might be, but he’s a fantastic player who has been a key part of the Dodgers winning their first pennant in 29 years.

But the dings on Puig from the likes of Mushnick have rarely been about production. They’ve simply been about style and the manner in which he’s carried himself. To the extent those issues were legitimate points of criticism — particularly his tardiness, his relationships with his teammates and his at times questionable dedication — they have primarily been in-house concerns for the Dodgers, not the casual fan like Mushnick. On that score the Dodgers have dealt with Puig and, by all accounts, Puig has responded pretty well. An occasional lapse to be sure, but nothing which makes him a greater burden than a benefit. I mean, if he was, would be be batting cleanup in a pennant-clinching game?

So if the beef with Puig is not really about baseball, what could Phil Mushnick’s issue with him possible be?

I, for one, have no idea whatsoever.