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I suspect MLB will argue they are only paying for game time (2-3 hours a night) and the other stuff is 'optional'
I would think that MLB will argue that the players are independent contractors, and not employees.
The IRS uses three characteristics to determine the relationship between businesses and workers:
Behavioral Control covers facts that show whether the business has a right to direct or control how the work is done through instructions, training or other means.
Financial Control covers facts that show whether the business has a right to direct or control the financial and business aspects of the worker's job.
Type of Relationship factor relates to how the workers and the business owner perceive their relationship.
If you have the right to control or direct not only what is to be done, but also how it is to be done, then your workers are most likely employees.
Common law principles further define independent contractor status by method of compensation. If a person is on an employer's payroll and receives a steady paycheck, clearly that the person is an employee rather than an independent contractor, who likely receives payment in a different manner
If the worker supplies his or her own equipment, materials and tools
Again, the nature of the work will help define the relationship. When work is considered integral to the business, it is more likely that the person is an employee. On the other hand, work that is temporary and non integral may imply independent contractor status.
In an attempt to interpret provisions of the Fair Labor Standards Act and discern between employee and independent contractor status, some courts and federal agencies have come up with the "economic realities test." It looks at the dependence of the worker on the business for which he or she works. If a person gains a large portion of their salary from that business, chances are that person qualifies as an employee.
I wonder if this is the main reason high school athletes who can choose sports due to their talent and/or size focus more on basketball and football, and perhaps explains the drop in African American players, who seem to play in both sports in disproportionate numbers relative to their population.
For a 8 billion industry to underpay American workers like this, you would think there would be more of a backlash.
Heck, stars in the NFL sometimes don't even make squat, yea in this case squat might be 1 million guaranteed
An independent contractor could shop his services to another client. Until Byron Buxton can shop himself to the Yankees in the offseason, he's not an independent contractor.
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