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Monday, August 31, 2015

Appellate court sides with MLB in minimum wage lawsuit

The district court granted MLB an initial victory in the Chen case last year, determining that FanFest was not subject to the FLSA and therefore was immune from the federal minimum wage and overtime requirements. Now, in a recent decision issued earlier this month, MLB has scored yet another victory with the Second Circuit Court of Appeals affirming the trial court’s finding that the FLSA does not apply to FanFest.

However, while the Chen decision certainly represents an important decision with respect to the rights of FanFest volunteers, the appellate court’s recent opinion appears unlikely to have a significant impact on the other minimum-wage lawsuits pending against the league. Therefore, the various lawsuits challenging both MLB’s minor league and scout pay practices remain very much alive despite the recent rulings in the FanFest case.

The appellate court based its recent decision in the FanFest case on a relatively obscure provision in the FLSA, Section 213(a)(3), which states that seasonal “amusement or recreational establishments” — typically those that operate seven months or less per year — are not subject to the law’s minimum wage or overtime provisions.

In particular, MLB had argued that the 2013 FanFest at issue in the case qualified as a seasonal establishment under Section 213(a)(e) since it lasted five days, and clearly provided patrons with amusement or recreational services. Thus, MLB argued, FanFest was immune from the FLSA’s minimum wage and overtime requirements.

 

RoyalsRetro (AG#1F) Posted: August 31, 2015 at 03:41 PM | 1 comment(s)
  Beats: fair pay, fanfest, labor laws, lawsuit, legal, minimum wage, minor leagues

Braves’ record, attendance both in decline since 42-42 | www.ajc.com

The Braves haven’t been pretty to watch in the second half.

Jim Furtado Posted: August 31, 2015 at 01:37 PM | 5 comment(s)
  Beats: braves

Peter Gammons: Sea of possibilities for Dombrowski in Boston - GammonsDaily.com

Gammons on the Sox.

“Complexities and angles of first base”? The Red Sox don’t need him to be a Gold Glover at first. They will need him to be passable until Ortiz retires.

It isn’t as easy task for Dombrowski to decide about Ramirez. Can and will he do a Butterfield boot camp? Can he wrap his head around all the complexities and angles of first base? If not, can he be moved if the Red Sox pay the freight? Or, because he is an elite hitter whose career OPS+ and offensive WAR puts him in the top 15 hitters in the majors over his career, will they hold onto him in case David Ortiz at 40 ages, contrary to his second half performance?

Jim Furtado Posted: August 31, 2015 at 01:26 PM | 0 comment(s)
  Beats: red sox

Primer Dugout (and link of the day) 8-31-2015

Pittsburgh Gazette Times, August 31, 1915:

A freak home run drive by [Possum] Whitted with one man out in the tenth inning gave Philadelphia a victory over St. Louis [yesterday] 4 to 3. Whitted’s drive struck the bleacher wall, bounded against [Bob] Bescher’s chest and caromed into the stand.

Jose Canseco, eat your heart out.

Put a Milo Candini on him. (Dan Lee) Posted: August 31, 2015 at 08:02 AM | 18 comment(s)
  Beats: dugout, history

Rangers beat Orioles on Derek Holland shutout | MLB.com

Holland gives the team a big boost.

Jim Furtado Posted: August 31, 2015 at 07:14 AM | 1 comment(s)
  Beats: derek holland, rangers

Henry Schulman’s guide to Dodgers-Giants showdown - SFGate

Big series coming up. Get the popcorn ready.

Jim Furtado Posted: August 31, 2015 at 07:01 AM | 0 comment(s)
  Beats: dodgers, giants

What’s wrong with the Nationals? It’s the starting pitching, stupid. - The Washington Post

Overall the starting pitchers are 10th in runs allowed per game. The offense is 13th in runs scored per game. Overall the team in 13th in winning percentage. Now I get that the expectations were higher for the starters. Of course, so was the expectations for the offense. So, I’d say the Nationals disappointing season is a team effort.

Jim Furtado Posted: August 31, 2015 at 06:50 AM | 21 comment(s)
  Beats: nationals

Sunday Notes: Heaney, Givens, Dombrowski, Lefties-vs-Lefties, more | FanGraphs Baseball

David Laurila’s latest.

Jim Furtado Posted: August 31, 2015 at 06:44 AM | 2 comment(s)
  Beats: notes

The Indians want a new minority owner — but the price isn’t right | New York Post

Mark Shapiro’s exit might not be coincidental.

Dolan, who is under fire from fans for one of the smallest payrolls in the big leagues, hired boutique investment bank Allen & Co. several months ago to shop roughly 30 percent of the team, The Post learned.

He doesn’t have deep enough pockets and is looking to a new investor to ramp up spending on salaries, sources said. The club’s payroll of $76 million ranks 26th among Major League Baseball’s 30 teams.

So far, Dolan, who is the cousin of New York Knicks and Rangers owner James Dolan, is having a difficult time finding an investor, sources said.

One problem is price. Dolan believes the franchise is worth around $800 million, which is rich considering the team is just breaking even.

Jim Furtado Posted: August 31, 2015 at 06:38 AM | 22 comment(s)
  Beats: indians

Tim Lincecum’s hip recovery stalls, and he might have thrown his last pitch as a Giant: “The bad days are outshining the good ones” - Giants Extra

Is he done at thirty-one?

While trying to throw off a mound at the Giants’ complex in Arizona last week, Lincecum’s hips locked up again.

“It’s definitely frustrating but I’ve got to find a way to move forward,” Lincecum said. “The training staff is definitely doing their best to help me out. … (The shots) aren’t taking hold the way we had hoped. I don’t know. It’s a band-aid situation. To be honest, we’re trying to explore as many options as we can.”

That includes offseason surgery, Lincecum said.

“I have my ears open to everything,” he said.

Jim Furtado Posted: August 31, 2015 at 06:35 AM | 20 comment(s)
  Beats: giants, tim lincecum

Blue Jays to name Mark Shapiro club president, replacing Beeston - CBSSports.com

Mark Shapiro, the Indians’ team president, will be named Toronto Blue Jays president, sources close to that team said.

The announcement is expected to come as early as this week, perhaps Monday.

Shapiro will replace Paul Beeston, the longtime Jays president who is retiring. Beeston is expected to remain through the year in Toronto, and Shapiro may not start in Toronto until next season, though the exact starting date isn’t known.

Jim Furtado Posted: August 31, 2015 at 06:33 AM | 18 comment(s)
  Beats: blue jays, front office

Jake Arrieta throws no-hitter against Dodgers | MLB.com

I was not planning on watching the entire game. Jake Arrieta changed my plans.

Jim Furtado Posted: August 31, 2015 at 06:32 AM | 50 comment(s)
  Beats: cubs, jake arrieta, no hitter

8-31-2015 OMNICHATTER

September is Coming.

It has been (0) games since the Dodgers were last no-hit.

Gamingboy Posted: August 31, 2015 at 06:27 AM | 219 comment(s)
  Beats: mlb, omnichatter

Encarnacion’s home run hat trick

At first, Toronto Blue Jays manager John Gibbons thought “a couple idiots” were just throwing their hats onto the field, then he saw dozens more hit the turf. Teammates let Edwin Encarnacion know what was going on.

Hats rained down from all sections of Rogers Centre in the most Canadian way of celebrating Encarnacion’s home run hat trick in the Blue Jays’ 15-1 rout of the Detroit Tigers on Saturday afternoon. Encarnacion’s not a big hockey fan, but he got an education in that sport’s tradition after making history.

“(Catcher Dioner) Navarro told me after they throw all the hats to the field, he told me when they score three goals, I think, they do that,” Encarnacion said. “It made me feel happy.”

Starting pitcher Drew Hutchison said fans throwing their hats onto the field was one of the coolest things he has ever seen. Encarnacion posed with the bag of hats in the clubhouse afterward and said he might sign them and give them back to show his appreciation.

“I hadn’t seen it before,” Gibbons said. “Don’t they normally throw octopuses or something?”

 


Alex Anthopoulos accuses infielder Steve Tolleson of quitting on team

“Steve Tolleson just decided he didn’t want to play anymore,” Anthopoulos said during a media session in Texas on Wednesday.

Tolleson, however, insists he has been injured since the Jays placed him on the disabled list with a groin strain on May 27. His minor-league rehab assignment expired July 1, just after he had played in two games for Buffalo, and the Jays designated him for assignment that day.

In dispute is whether the 31-year-old reserve infielder was still injured when the Jays designated him for assignment, which removed him from the major-league roster. Under the collective bargaining agreement, an injured player cannot be DFA.

The Jays’ decision indicates they felt he was healthy enough to play. Tolleson said he has been unable to play because he aggravated the groin strain late in his rehab assignment, then suffered suffered several setbacks, including a hip injury and a hamstring strain.


Sunday, August 30, 2015

Proposing a Callup Rule Change

MLB needs to enact a daily 22-man roster for September games. When a manager hands his lineup card to the umpire, he would also hand over his full 22-man squad for the day. There are still 40 roster-eligible players in the clubhouse, and the Major League experience is not cheapened at all for prospects.

Without starting pitchers on the bench, teams lose the occasional option of Madison Bumgarner as a pinch-hitter or Andrew Cashner as a pinch-runner. But notice how we set the number at 22 instead of the 21 you’d have by subtracting four rotation members. If a pitcher is really that valuable to his team’s offense, he can stay on the roster with that extra spot. Or—even better—that spot could be used for someone who actually gets paid to pinch-hit or pinch-run.

With a 22-man roster, a manager’s options aren’t any more limited than they were on Opening Day. Plus, teams can choose to keep fatigued relievers off the daily roster entirely, meaning fresh bullpens every day. That eliminates any concern about pitching depth for a game that lasts, say, 15 innings.

It isn’t a perfect solution, but the way the game is played—and managed—hardly changes at all. Without a limitless supply of relievers, managers have the same tools at their disposal that they had over the first five months. The guess here is that teams would choose to put seven or eight men in the ‘pen—the same number most go with from April to August.

RoyalsRetro (AG#1F) Posted: August 30, 2015 at 09:38 PM | 60 comment(s)
  Beats: prospects, rules, september roster expansions

Rangers Minor League Insider: Profar could be option in September | The Star-Telegram

I hope the kid can salvage some type of career.

Profar had surgery to repair a torn labrum in his right shoulder in late February after missing the entire 2014 season with a torn teres major muscle in the same shoulder. He last played in a regular season game for the Rangers on Sept. 27, 2013.

“It’s been two years out of baseball, and I’ll come here and just play,” he said. “Now everything is going to be good. I’m just having fun playing day-to-day.”

Jim Furtado Posted: August 30, 2015 at 09:26 AM | 3 comment(s)
  Beats: jurickson profar, rangers

How Nathan Eovaldi evolved into Yankees’ possible playoff ace | New York Post

OK, maybe Severino isn’t the guy.

Eovaldi has performed like a top starter for more than two months (2.93 ERA in his last 12 starts) and something approximating an ace in his past two outings as he readies to pitch Sunday in Atlanta. That is too small a sample size to make a final determination. But not too few outings to generate some excitement for the rest of this year and beyond.

A scout familiar with Eovaldi from his NL days with the Dodgers and Marlins who saw the righty recently, said, “He is the best [starter] the Yankees have right now.”

Jim Furtado Posted: August 30, 2015 at 09:19 AM | 20 comment(s)
  Beats: nathan eovaldi, yankees

Luis Severino the starter the Yankees can trust the most | New York Post

Of course, they might need to pitch him to get there.

From what we’ve seen so far? Absolutely, you’d trust him to start for the Yankees in a one-and-done playoff game, which looks to be the team’s fate as long as the Blue Jays keep treating the rest of the industry like their personal batting-practice session.

Jim Furtado Posted: August 30, 2015 at 08:44 AM | 17 comment(s)
  Beats: luis severino, yankees

Tom Werner: Don Orsillo ousted to ‘re-energize’ Boston Red Sox broadca - Boston Red Sox Blog - ESPN

Dave O’Brien has his moments but he’s not exactly an energizing guy. If the Sox want to re-energize the broadcast, maybe the team shouldn’t finish in last place so much. That’s why most of my friends don’t watch NESN as much. It’s not Orsillo. Maybe Werner needs to actually talk to some fans.

“I understand it has created some controversy,” Werner told Buckley. “And I also understand that Don is a great broadcaster. But we felt that starting next year, it was worth going in a different direction re-energizing the broadcast. And when the opportunity presented itself to bring Dave O’Brien to NESN, we just felt after a great deal of thought and consideration that was the right decision to make.”

Jim Furtado Posted: August 30, 2015 at 08:28 AM | 19 comment(s)
  Beats: broadcasting, red sox

Vin Scully: 2016 Will Be Final Season in Booth for Dodgers - The New York Times

I will surely watch more Dodger games the rest of this year and next. I will miss Vin Scully.

Jim Furtado Posted: August 30, 2015 at 08:25 AM | 20 comment(s)
  Beats: broadcaster, dodgers, vin scully

New York Mets to acquire right-handed reliever Addison Reed from Arizona Diamondbacks

I thought the Mets were trying to win.

Jim Furtado Posted: August 30, 2015 at 08:23 AM | 4 comment(s)
  Beats: addison reed, mets

Fan dies in fall from upper deck at Turner Field | www.ajc.com

A man who fell off the top deck at least 40 feet to the concrete on the first level below during the Braves’ game against the New York Yankees on Saturday night died, Atlanta police said.

Jim Furtado Posted: August 30, 2015 at 08:22 AM | 147 comment(s)
  Beats: braves

Madden: It’s panic in the owner’s box season in baseball - NY Daily News

Andrew Friedman is not going anywhere.

And what if the Dodgers, with their $300 million payroll, somehow miss the postseason — or if they somehow don’t make it out of the first round despite having Clayton Kershaw and Zack Greinke pitching Games 1 & 2? If either happens, Don Mattingly will most surely be fired as manager, but president of baseball operations Andrew Friedman will also have a lot of ‘splainin’ to do. Like why, with all his money and prospect resources, didn’t he adequately address the Dodgers’ biggest needs at the deadline — a frontline starting pitcher a la Price or Hamels, and bullpen help for closer Kenley Jansen, instead settling for mediocrities in Alex Wood, Mat Latos and Jim Johnson? And why didn’t he send struggling rookie Joc Pederson back to Triple-A to work on making hitting adjustments and regaining his confidence instead of continuing to force-feed him, hopelessly overmatched, in the majors? And lastly, what was he thinking giving oft-injured Brandon McCarthy four years and $48 million last winter, and why is $87.5 million of that $300M payroll being paid to guys who no longer play for the Dodgers?



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