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Congress to pass bill depriving minor leaguers of minimum wage rights

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We saw this coming and wrote about it last weekend, but now it’s official: the new spending bill from Congress contains a gift for Major League and Minor League Baseball in the form of a provision classifying minor leaguers as seasonal workers, exempt from the Fair Labor Standards Act. Practically speaking, this means that minor leaguers are not required to be paid minimum wage or have other basic protections to which even part-timers at fast food restaurants are entitled.

The relevant provision — buried on page 1,967 of the 2,232-page spending bill, which will get almost zero time to be read and processed by most people before it’s ultimately passed signed into law by tomorrow — is farcically entitled the “Save America’s Pastime Act.” It exempts from the Fair Labor Standards Act of 1938 people who fit this description:

[A]ny employee employed to play baseball who is compensated pursuant to a contract that provides for a weekly salary for services performed during the league’s championship season (but not on spring training or the off season) at a rate that is not less than a weekly salary equal to the minimum wage under section 6(a) for a workweek of 40 hours, irrespective of the number of hours the employee devotes to baseball related activities.

It may be news to you that the multi-billion baseball industry, run by a few dozen billionaires and billion-dollar businesses, needed to be “saved” in such a fashion. Congress knew though. Maybe because Congress is so benevolent and wise. Or, maybe, because baseball’s lobbying operation spent millions plying Congressmen for this special law to keep it from having to pay workers a living wage.

Based on the response to our past writings on this topic, I suspect most of you won’t care all that much. You either believe that all or most of these players are wealthy via six or seven-figure signing bonuses or will make serious money in the big leagues one day. That’s not true, but many of you believe it. Or, alternatively, maybe you view minor leaguers as a bunch of kids farting around with a hobby until they start their “real life,” so why should they make a living wage?

To the extent you believe that and to the extent this does not bother you, I’d simply suggest that you ask how much money minor league and major league organizations make via the playing and marketing of minor league baseball and how much Major League Baseball benefits by having its training and development system costs legislatively controlled. Ask yourself whether the company that gave you your first entry-level position would’ve loved to have a law allowing it to pay you less than minimum wage and how you would’ve felt if that was the case in your situation. Ask yourself if anyone else would have cared all that much about the job you had when you were 22 and whether that would make a difference to you as you made the equivalent of $5 or $6 an hour for a multi-billion dollar business.

Maybe that still doesn’t sway you. But it doesn’t change the fact that this is a greedy cash grab by baseball which now, thanks to specially-requested government intervention, institutionalizes and legitimizes the exploitation of young men with very little power and even less money. That you may be OK with it doesn’t make it right. In fact, it’s very, very wrong.

Derek Jeter calls Bryant Gumbel “mentally weak”

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Derek Jeter has not covered himself in glory since taking over the Miami Marlins. His reign atop the team’s baseball operations department has been characterized by the slashing of payroll in order to help his new ownership group make more money amid some pretty crushing debt service by virtue of what was, in effect, the leveraged buyout of the club. A club which is now 5-16 and seems destined for five months more and change of some pretty miserable baseball.

Jeter has nonetheless cast the moves the Marlins have made as good for fans in the long run. And, yes, I suppose it’s likely that things will be better in the long run, if for no other reason than they cannot be much worse. Still, such reasoning, while often accepted when a lesser light like, say, White Sox GM Rick Hahn employs it, isn’t accepted as easily when a guy who has been defined by his hand full of championship rings offers it. How can Derek Jeter, of all people, accept losing?

That’s the question HBO’s Bryant Gumbel asked of Jeter in an interview that aired over the weekend (see the video at the end of the post). How can he accept — and why should fans accept — a subpar baseball product which is not intended to win? Jeter’s response? To claim that the 2018 Marlins are totally expected to win and that Gumbel himself is “mentally weak” for not understanding it:

JETER: “We’re trying to win ball games every day.”

GUMBEL: “If you trade your best players in exchange for prospects it’s unlikely you’re going to win more games in the immediate future–”

JETER: “When you take the field, you have an opportunity to win each and every day. Each and every day. You never tell your team that they’re expected to lose. Never.”

GUMBEL: “Not in so–”

JETER: “Now, you can think — now– now, I can’t tell you how you think. Like, I see your mind. I see that’s how you think. I don’t think like that. That’s your mind working like that.”

. . .

DEREK JETER: “You don’t. We have two different mi– I can’t wait to get you on the golf course, man. We got– I mean, I can’t wait for this one.”

BRYANT GUMBEL: “No, I mean–”

DEREK JETER: “You’re mentally weak.”

I sort of get what Jeter was trying to do here. He was trying to take this out the realm of second guessing among people who know some stuff about sports and subtly make it an appeal to authority, implying that he was an athlete and that only he, unlike Gumbel, can understand that mindset and competitiveness of the athlete. That’s what the “get you on the golf course” jazz was about. Probably worth noting at this point that that tack has never worked for Michael Jordan as a basketball executive, even if his singular competitiveness made him the legend he was on the court. An executive makes decisions which can and should be second-guessed, and it seems Jeter cannot handle that.

That being said, Gumbel did sort of open the door for Jeter to do that. Suggesting that baseball players on the 2018 Marlins don’t expect to win is not the best angle for him here because, I am certain, if you ask those players, they would say much the same thing Jeter said. That’s what makes them athletes.

No, what Gumbel should have asked Jeter was “of COURSE you tell your players to win and of COURSE they try their hardest and think they can win every night. My question to you is this: did YOU try YOUR hardest to get the BEST players? And if not, why not?”

Question him like you’d question Rick Hahn. Not like you’d question Future Hall of Fame Shortstop, Derek Jeter.