Minor League Players’ Wage Suit against Major League Baseball suffers a huge setback

23 Comments

A judge handed minor leaguers looking to hold Major League Baseball liable for underpaying and exploiting them a huge setback today, ruling that the case cannot go forward as a class action. Minor leaguers who want to sue over their pay and treatment still can, but they’ll have to do it individually. The ruling saps the minor leaguers of their leverage, as Major League Baseball would likely be able to fend off individual cases which, by themselves, might only amount to several thousand dollars per claim.

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.

Last year the judge gave the case 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. The judge’s ruling today, however, was 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.

From his order:

“The difficulties associated with determining what activities constitute ‘work’ in the context of winter training are compounded by the fact that there appear to be no official records documenting these activities. Because it may be impossible to determine from official records the types of conditioning activities in which the players engaged, membership in the state classes based on winter training would depend largely upon the players’ ability to remember, with a reasonable amount of detail, what they did during the off-season (often for multiple years and for many, several years in the past) to stay fit.”

The judge said that, in light of this, each case would be unique and would require “individualized inquiries” to find damages and liability. That phrase –“individualized inquiries” — constitutes magic words which sink would-be class actions. If a company overcharges all of its customers by $8 due to an error repeated a million times, it’s easy to look at one set of facts and judge them together. If you had to look at a million different wrongs, that’s no class action. And so it is not a class action for the players.

As many courts who have dealt with these sorts of cases have noted, for many plaintiffs, a class action is the only practical method of adjudicating Fair Labor Standards Act cases because individual plaintiffs are frequently unable to bear the costs of separate trials. They are, by definition, (allegedly) exploited workers. They’re not going to be able to pay legal costs and fight off a multi-billion dollar business in order to collect the few thousand dollars they were underpaid. At the same time, however, the defendants have rights too and, if the facts of each players’ treatment truly differ (e.g. the Yankees make their minor leaguers do more than the Brewers do) it’s not fair to bind one defendant’s defense to the acts of another.

So, where does this leave the players? Not dead. Not yet, at least. Their claims have not been dismissed on the merits. They have only been denied the right to act collectively. The individual plaintiffs can now file separate lawsuits against their former employers and Major League Baseball under the same theories. It would be harder to land a big blow in such a scenario, but if enough do, it could end up being death by a thousand cuts for the clubs and the league. Their legal fees might go up and, eventually, if they lose enough of these cases, more might be filed. There are a lot of former minor leaguers, after all, and once there’s some blood in the water, more of them — and their lawyers — may enter the frenzy. Decertification is certainly a win for the league right now, but it’s not necessarily a permanent win.

There are likewise some other quasi-collective forms this case could take such as multi-district litigation in which the cases, while individual, are coordinated in a loose fashion. That could lead to some efficiencies for suing players even if it’s not as robust as a class action.

We’ve written quite a bit about minor league pay and treatment in this space by now, so you probably know where we stand on it. We believe that minor leaguers are exploited and underpaid and we believe that Major League Baseball has been happy to exploit and underpay them for some time. Ultimately we believe that this state of affairs cannot and will not persist and that eventually, somehow, baseball will either see fit to pay its workers fairly or, more likely, will be forced to do so by a court or by collective bargaining of some fashion.

Today, however, was a big setback for the minor leaguers. Today’s ruling will give Major League Baseball and its clubs more time and more comfort in which to underpay them. There’s no doubt about it.

 

Rays beat Mets 8-5, clinch 1st AL East title in 10 years

Brad Penner-USA TODAY Sports
Leave a comment

NEW YORK (AP) Confetti instead of champagne. Silly string instead of beer.

The Tampa Bay Rays, long accustomed to doing more with less, figured out a way to maximize the division-clinching celebration they were allowed to enjoy during a 2020 season shortened by the coronavirus.

Randy Arozarena homered twice and the Rays clinched their first AL East title in 10 years Wednesday night with an 8-5 victory over the New York Mets.

“I’m completely dry right now, which I’m not a huge fan of,” center fielder Kevin Kiermaier, the longest-tenured Rays player, said with a grin. “But you have to adapt to what we’re asked of.”

With teams instructed to celebrate in a muted and socially distant style, the Rays went old school – or maybe elementary school – with their clinching party.

The team filed slowly onto the field after Nick Anderson fanned Andres Gimenez for the final out. A couple of players shot off canisters filled with confetti that eventually dotted the grass and dirt at Citi Field. Hugs and handshakes were exchanged before the Rays doused one another with silly string and lit some cigars in the visiting clubhouse.

Later, hooting and hollering could be heard from the visitors’ dugout.

“We’re little kids trapped in grown men’s bodies,” Kiermaier said.

Joey Wendle and Brandon Lowe also went deep for the Rays to back Tyler Glasnow‘s six solid innings. Tampa Bay will be home at quirky Tropicana Field for a best-of-three first-round playoff series beginning next Tuesday.

It is the third division crown for the thrifty Rays, whose payroll this season is just over $28 million – more than only the Pittsburgh Pirates and Baltimore Orioles. Tampa Bay, which began play in 1998, also won the AL East, home of two big-spending powers in the Yankees and Red Sox, in 2008 and 2010.

“It feels great to win the division, no matter what division you’re in,” Kiermaier said. “But especially the American League East – it’s just a different animal.”

After missing a chance to clinch Tuesday, the Rays went into Wednesday again needing just a win or a Yankees loss against Toronto to lock up the division championship.

The Rays (37-20) broke a 2-all tie in the sixth on Arozarena’s two-run homer off Michael Wacha and pulled away, taking care of business themselves while New York was routed 14-1 by the Blue Jays.

“At the end of the day, a clinch is a clinch,” said Wendle, who homered in the second. “But to do it on a win – everybody’s kind of riding the high of winning the game along with the division. We didn’t want to see it come down to them losing a game.”

Tampa Bay also is closing in on wrapping up the top record in the AL and the No. 1 seed in the playoffs.

Lowe, who had an RBI fielder’s choice in the third, hit a two-run homer in the eighth. Willy Adames added an RBI single later in the inning and Arozarena homered again in the ninth.

The insurance came in handy for the Rays when the Mets scored three times off Oliver Drake in the ninth – via an RBI groundout by Robinson Cano and a two-run homer by Todd Frazier – before Anderson closed the door.

“I think we had the game pretty much in control (and) certainly recognized what was going on in Buffalo, but I don’t know if you can ever prepare for a moment like that – it’s pretty special,” Rays manager Kevin Cash said.

Glasnow (5-1) allowed two runs on three hits and one walk with eight strikeouts.

Gimenez and Dominic Smith homered off Glasnow in the final home game of the season for the Mets, whose long-shot playoff hopes were further damaged with the loss. New York began the day 2 1/2 games out of an NL wild-card spot.

“We still have a shot with the four games left and we’re competing,” manager Luis Rojas said. “We’ve just got to do what we do – just keep fighting like we did in the ninth.”

Wacha allowed four runs on six hits and struck out four in six innings.

STABLE SHIRT

Rays pitcher Charlie Morton sported a T-shirt picturing a stable of horses as he spoke with reporters during a pregame Zoom call. Morton did little to discourage the notion the shirt was inspired by Cash’s viral rant earlier this month, when he declared the Rays have “a whole damn stable full of guys that throw 98 mph” after Yankees closer Aroldis Chapman threw near Mike Brousseau’s head in the ninth inning Sept. 4.

“The stable shirt?” Morton said. “It was in my locker last week and I like horses.”

With a grin obviously growing even behind his Rays mask, Morton said he rode horses as a kid.

“So I was ecstatic to see this shirt in my locker and I wore it,” he said.

As for the fireballers on the Rays’ pitching staff?

“We’ve got some guys that throw really hard,” Morton said.

ANOTHER LOSING SEASON

The loss guaranteed the Mets (25-31) will finish with a sub-.500 record for the ninth time in the last 12 seasons – a total matched or exceeded only by the Chicago White Sox (nine), Miami Marlins (10) and San Diego Padres (10). The White Sox and Padres have already clinched playoff spots and a winning record, while the Marlins are in second place in the NL East.

New York made the playoffs in back-to-back seasons in 2015 and 2016 and went 86-76 last year.

TRAINER’S ROOM

Rays: LHP Jose Alvarado (shoulder, lat) is scheduled to throw batting practice to 3B Yandy Diaz (hamstring) and 1B Ji-Man Choi (hamstring) at Tropicana Field on Thursday. Cash said all three players are progressing and he hopes they are available for the playoffs. . Brousseau (oblique) missed a fourth consecutive game. Cash said he would have been available off the bench if needed

Mets: RF Michael Conforto (hamstring) returned to the lineup as the designated hitter after missing two games and went 0 for 4. . The Mets activated RHP Dellin Betances (lat), who last pitched Aug. 29, and optioned RHP Corey Oswalt to the alternate site.

UP NEXT

Rays: After a day off Thursday, Morton (2-2, 4.64 ERA) is scheduled to get his postseason tuneup in the opener of a series against the Phillies on Friday.

Mets: Rookie LHP David Peterson (5-2, 3.80 ERA) opens a four-game road series against the Nationals. Peterson struck out a career-high 10 against the Braves last Saturday.