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Monday, July 07, 2014

Former minor leaguer preparing to sue MLB for minimum wage

He was drafted in the 5th round of the 2004 Major League Baseball draft, early enough in the then-50 rounds that it came with a $160,000 signing bonus.

Broshuis is now a lawyer compiling data and evidence for a class action suit against Major League Baseball and Commissioner Bud Selig. He started with three players in February, suing the Miami Marlins, the San Francisco Giants, and the Kansas City Royals, along with MLB and Commissioner Selig.

Slowly over the course of the next two months, Broshuis had 32 plaintiffs, and all 30 Major League teams are defendants. His law firm, Korein Tillery, based in St. Louis, is known for bringing huge class action suits, and just won reinstatement of an $11 billion verdict against Big Tobacco.

The suit he is bringing asks for minimum wage during the baseball season, plus overtime compensation. He notes that players aren’t paid during the long off-season, even though they are expected to do extensive workouts.

Pat Rapper's Delight Posted: July 07, 2014 at 06:40 PM | 50 comment(s) Login to Bookmark
  Tags: giants, lawsuits, minimum wage

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   1. valuearbitrageur Posted: July 07, 2014 at 08:48 PM (#4745673)
Playing minor league baseball is different than other jobs that qualify for minimum wage protections, in that it doesn't qualify for minimum wage protections.

MLB Legal Argument #1.
   2. The Robby Hammock District (Dan Lee) Posted: July 07, 2014 at 09:17 PM (#4745685)
"Sure, we expect our players to stay in shape during the offseason, but it's not make-or-break. Otherwise, how do you explain Japhet Amador, Jumbo Diaz, Jeff Fulchino, Dmitri Young, and Sidney Ponson?"

MLB Legal Argument #2.
   3. Tom (and his broom) Posted: July 08, 2014 at 12:02 AM (#4745803)
There really is no excuse for the minor league pay scale. MLB could triple what they pay their players at AA and lower leagues and it would amount to about 1% of their overall revenue. IIRC the scale for lower minors is about 25% greater than it was in the 70's (actual dollars, not including per diem).
   4. cardsfanboy Posted: July 08, 2014 at 12:18 AM (#4745810)
There really is no excuse for the minor league pay scale. MLB could triple what they pay their players at AA and lower leagues and it would amount to about 1% of their overall revenue. IIRC the scale for lower minors is about 25% greater than it was in the 70's (actual dollars, not including per diem).


That is ultimately the truth of the matter. I'm sorry to all the lawyers etc who want to argue that "there is no legal reason to do more" and just state they can afford it, it's not even a drop in the bucket. Personally I can see a case for arguing that their salary should be 12 months straight up, but at the minimum, they could offer some type of modified off season salary that encourages them to stay in shape, and helps them get through the lean months.
   5. Tom (and his broom) Posted: July 08, 2014 at 12:41 AM (#4745817)
I think that the feeling is that the low pay establishes a "level of commitment" by the players. It is not coincidental that suburban white kids can afford to show that level of commitment better than urban black kids. There is no question that the low pay is directly related to the decline in African American players.

To play minor league ball for more than a season or two requires either family support or living somewhere with an absurd low cost of living in the off season (like, say, the Dominican Republic).
   6. bigglou115 Posted: July 08, 2014 at 12:52 AM (#4745826)
@4 See, this is a thing I think people miss about lawyers. When we make an argument in a forum like this it doesn't mean we believe, or even think it right morally or legally. We talk about the law the way IT professionals talk about IT. It's just people don't take IT personally the way some people do laws. All that to say, I think MLB has no legal obligation to improve the pay scale while I also think it's ridiculous that they won't increase the pay scale.
   7. PreservedFish Posted: July 08, 2014 at 01:00 AM (#4745828)
There is no question that the low pay is directly related to the decline in African American players.


We've been over this topic so many times. I'll just note that I dispute this.
   8. SoSHially Unacceptable Posted: July 08, 2014 at 01:03 AM (#4745829)

We've been over this topic so many times. I'll just note that I dispute this.


Seconded. Though I'm not even sure I've heard Tom's claim stated before, let alone stated as undisputable fact.

   9. McCoy Posted: July 08, 2014 at 06:57 AM (#4745855)
Virtually every company on the planet could triple the pay of their lowest paid workers. The idea that it would have negligible economic impact is ludicrous.
   10. Bhaakon Posted: July 08, 2014 at 07:10 AM (#4745859)

Virtually every company on the planet could triple the pay of their lowest paid workers. The idea that it would have negligible economic impact is ludicrous.



Baseball is an odd duck, though, in that their worst paid workers are there because they have the potential to become their most valuable ones. It's not like flipping burgers at McDonalds, where you're never going to become CEO no matter how many Big Macs you can fry at one time.

You'd think that they'd pay guys enough that they could afford the luxury of three non-processed meals a day and an offseason workout regimen. It doesn't make sense to have your prospects living like grad students.
   11. Joey B.: posting for the kids of northeast Ohio Posted: July 08, 2014 at 07:22 AM (#4745862)
OK, Moursund junior.
   12. Jolly Old St. Nick Is A Jolly Old St. Crip Posted: July 08, 2014 at 07:29 AM (#4745864)
OK, Moursund junior.

Hey, how 'bout them O's! You catch that 11th inning last night, Brown Diaper baby?
   13. bunyon Posted: July 08, 2014 at 08:21 AM (#4745875)
It doesn't make sense to have your prospects living like grad students.

Actually...they're very much like grad students for the reason you give (at least in the sciences). Grad students are paid crap as TAs or RAs but some will become the big time money makers in the field. Very much like baseball.
   14. McCoy Posted: July 08, 2014 at 08:21 AM (#4745876)
Baseball is an odd duck, though, in that their worst paid workers are there because they have the potential to become their most valuable ones. It's not like flipping burgers at McDonalds, where you're never going to become CEO no matter how many Big Macs you can fry at one time.

You'd think that they'd pay guys enough that they could afford the luxury of three non-processed meals a day and an offseason workout regimen. It doesn't make sense to have your prospects living like grad students.


How much did the average major leaguer make in their signing bonus?
   15. Bitter Mouse Posted: July 08, 2014 at 08:40 AM (#4745886)
How much did the average major leaguer make in their signing bonus?


Median works better here, average is going to be heavily impacted by the top end. Well that and why is that relevant? Shouldn't it be the median bonus for a minor leaguer?
   16. Accent Shallow Posted: July 08, 2014 at 08:43 AM (#4745888)
How much did the average major leaguer make in their signing bonus?

This is actually a really interesting question. I'd love to see both the mean and the median there. Maybe even broken up by quintiles.

Shouldn't it be the median bonus for a minor leaguer?

I'd like to see this, too.
   17. snapper (history's 42nd greatest monster) Posted: July 08, 2014 at 08:50 AM (#4745890)
Are the minor leaguers really making less than minimum wage?

From what I can find, the lowest salary is $1150 per month, plus $20/day meal money on the road.

If you assume 28 days per month (accounting for a few off days) the salary come to $41/day. To be less than minimum wage, they'd have to work more than 5.66 hours per day. I'm not sure they do. I would imagine that only on field time counts as "work". Please correct me if I'm wrong.

That said, it would make sense for MLB to bump everyone to $2000/month minimum, just to avoid the bad PR.
   18. catomi01 Posted: July 08, 2014 at 09:15 AM (#4745908)
If you assume 28 days per month (accounting for a few off days) the salary come to $41/day. To be less than minimum wage, they'd have to work more than 5.66 hours per day. I'm not sure they do. I would imagine that only on field time counts as "work". Please correct me if I'm wrong.


They work less than that if all you're counting is game time...more than that otherwise - and off-field work should definitely be counted as it directly impacts the product on the field. For the Atlantic League, typical report time was between noon and 2 PM (for a 705 start) and left the stadium an hour to 2 after the last pitch. Not all of that is spend working of course, so I won't claim a 10-12 hour work day - but between trainer sessions, workouts, BP (and side work for pitchers) - I would be comfortable with an assertion that the average player is working at least 7-8 hours a day during the season.

I would also tend to think that the off-field work is more intensive and time consuming at the lower levels of the affiliated minors where the focus is much more heavily on development and training.
   19. McCoy Posted: July 08, 2014 at 09:27 AM (#4745920)
Median works better here, average is going to be heavily impacted by the top end. Well that and why is that relevant? Shouldn't it be the median bonus for a minor leaguer?

Because my question was addressing a statement about how the poster found it odd that MLB would pay players that would eventually be so valuable so little. If it turns out that the average major leaguer spends 2.5 years in the minors and gets a $100,000 signing bonus and a $8,000 yeary salary then the complaint that they get paid so little is off in regards to MLB's valuable employees.
   20. Bhaakon Posted: July 08, 2014 at 09:28 AM (#4745921)
Actually...they're very much like grad students for the reason you give (at least in the sciences). Grad students are paid crap as TAs or RAs but some will become the big time money makers in the field. Very much like baseball.


Except that they're athletes, so nutrition and conditioning are generally of greater import to their career prospects. The universities also don't make money from successful grad students the way teams do from successful prospects. Prospects are investments as well as employees, so treating them merely as employees to exploit probably isn't the best way to go about things.

If you assume 28 days per month (accounting for a few off days) the salary come to $41/day. To be less than minimum wage, they'd have to work more than 5.66 hours per day. I'm not sure they do. I would imagine that only on field time counts as "work". Please correct me if I'm wrong.


I don't see how bus trips between cities don't count as work. In California, at least, the law is very clear that most every kind of business travel beyond an employee's daily commute requires compensation.
   21. Pat Rapper's Delight Posted: July 08, 2014 at 09:33 AM (#4745929)
I would imagine that only on field time counts as "work". Please correct me if I'm wrong.

In my first job out of college for a defense contractor, travel time to and from customer sites or other job-related travel (with about two pages of clauses on when the clock starts and stops) were charged to the contracts.

I'm sure the lawyers will chime in soon as they wrote the book on what constitutes billable hours.
   22. zonk Posted: July 08, 2014 at 09:36 AM (#4745934)
Virtually every company on the planet could triple the pay of their lowest paid workers. The idea that it would have negligible economic impact is ludicrous.


Knowing it belongs in the OTP thread, I still think it's germane enough to note this --

Of the 13 states that raised their minimum wages, all but one saw job growth in the first five months of 2014. To be sure, that’s a small achievement in an environment where the national economy is adding something on the order of 250,000 jobs per month.

The really interesting finding is that the states that raised the minimum wage saw job growth that was, on average, higher than states that did not. The 37 states that did not raise the minimum wage at the beginning of this year saw employment increase by .68 percent. Those that did raise the wage saw employment increase by .99 percent.

Four of the top ten states in terms of employment performance were states that raised the wage, including Washington, Oregon, Colorado, and Florida.


Correlation is not causality, but this little snapshot at least - a snapshot comparing 13 states that have raised the minimum wage since the first of the year versus those that did not - indicates that if there is an impact, it's not as negative as the CW says it is...
   23. PreservedFish Posted: July 08, 2014 at 11:09 AM (#4746000)
This website lists about 300 signees from the 2014 draft. It's missing several of the top guys, such as Aiken, who will is slotted for $8,000,000.

The average signing bonus of these 300 fellows is $600,000.
The median signing bonus is $282,000.
237 of the 300 earned over $100,000.

These are only the first 10 rounds - I have no idea what percentage of a system's annual intake they represent.

It's a weird system but it's very clear that MLB teams are hugely front-loading their compensation packages. You cannot ignore these signing bonuses.

And I would guess that college seniors are overrepresented among the signess with low bonuses. They have no bargaining power, and they probably haven't ever been given better offers than this in the past. These guys are huge longshots. It would be nice if MLB could pay them more, but MLB is a business, businesses usually don't shovel extra money out just to be nice if it doesn't have any obvious benefits. The teams probably don't really need to make being a longshot prospect more attractive than it already is. The players with real potential are getting paid handsomely.
   24. valuearbitrageur Posted: July 08, 2014 at 12:44 PM (#4746088)
Correlation is not causality, but this little snapshot at least - a snapshot comparing 13 states that have raised the minimum wage since the first of the year versus those that did not - indicates that if there is an impact, it's not as negative as the CW says it is...


So the correlation is that states with growing employment are more likely to raise minimum wage?
   25. valuearbitrageur Posted: July 08, 2014 at 12:50 PM (#4746102)
These are only the first 10 rounds - I have no idea what percentage of a system's annual intake they represent.

It's a weird system but it's very clear that MLB teams are hugely front-loading their compensation packages. You cannot ignore these signing bonuses.


Isn't the MLB draft usually 30-60 rounds? Isn't the median signing bonus for those rounds far below your "average"?

Wouldn't 3-5x as many signings at $10k-$20k bonuses completely destroy the median/averages you asserted?
   26. You Know Nothing JT Snow (YR) Posted: July 08, 2014 at 12:52 PM (#4746104)
Surely there is some form of revenue sharing that could be implemented to solve these disparities in wealth and success.
   27. DL from MN Posted: July 08, 2014 at 12:55 PM (#4746109)
MLB and the player's association just negotiated a huge paycut for minor leaguers in the form of draft and international bonus slotting. The least they could do is raise the minimum wage to $2000 a month. It would only take a fraction of the dollars saved using the new draft rules.
   28. 'zop sympathizes with the wrong ####### people Posted: July 08, 2014 at 01:26 PM (#4746140)
PreservedFish has it right. The reason MLB is OK with this is because moving the comp upfront, to signing bonuses, allows them to pay real prospects far more than the minimum wage (amortized out over several MiLB seasons) while compensating the org guys as little as possible.

The real comp for playing minor league ball is the ability to say that you played minor league ball for the rest of your life.
   29. zonk Posted: July 08, 2014 at 01:29 PM (#4746145)
So the correlation is that states with growing employment are more likely to raise minimum wage?


The employment growth rate comparison in the article is since/after raising the minimum wage.

   30. Shooty Survived the Shutdown of '14! Posted: July 08, 2014 at 01:32 PM (#4746152)
Surely there is some form of revenue sharing that could be implemented to solve these disparities in wealth and success.

Clearly the Yankees should be paying everyone's minor leaguers. All in favor (counts 29 yeas). The Yeas have it. Thunk!
   31. snapper (history's 42nd greatest monster) Posted: July 08, 2014 at 01:33 PM (#4746154)
The employment growth rate comparison in the article is since/after raising the minimum wage.

Right, but there's also significant correlation between employment growth this year, and employment growth in the past.
   32. RoyalsRetro (AG#1F) Posted: July 08, 2014 at 01:40 PM (#4746161)

There is no question that the low pay is directly related to the decline in African American players.


Where are these potential African-American players going that pays them more than minor league baseball? College football? Goldman Sachs?
   33. smileyy Posted: July 08, 2014 at 01:44 PM (#4746166)
I would imagine that only on field time counts as "work".


There are pretty established guidelines in labor law on what constitutes work. "Mandatory" (whether labelled as such or not) and "supervised" are two pretty big parts of it.
   34. smileyy Posted: July 08, 2014 at 01:46 PM (#4746171)

Correlation is not causality, but this little snapshot at least - a snapshot comparing 13 states that have raised the minimum wage since the first of the year versus those that did not - indicates that if there is an impact, it's not as negative as the CW says it is...


CW seems to think that workers who get paid don't buy any goods or services.
   35. David Nieporent (now, with children) Posted: July 08, 2014 at 01:48 PM (#4746174)
Are the minor leaguers really making less than minimum wage?

From what I can find, the lowest salary is $1150 per month, plus $20/day meal money on the road.
Meal money on the road is almost certainly not included in calculating an employee's pay.
If you assume 28 days per month (accounting for a few off days) the salary come to $41/day. To be less than minimum wage, they'd have to work more than 5.66 hours per day. I'm not sure they do. I would imagine that only on field time counts as "work". Please correct me if I'm wrong.
You're definitely wrong about "only on field time." Any time an employee is required to be doing stuff for his employer is work time. That is, working out at home to keep in shape is not compensable time. If an employee is required to be at the park, though, whether it's for training, practice, or actual game play, it will likely be compensable.

All of the above having been said, I would argue that baseball players are exempt either under the professional exemption or the seasonal exemption.
   36. David Nieporent (now, with children) Posted: July 08, 2014 at 01:52 PM (#4746179)
I don't see how bus trips between cities don't count as work. In California, at least, the law is very clear that most every kind of business travel beyond an employee's daily commute requires compensation.
California is... California. Their wage and hour laws are quite a bit less employer-friendly than pretty much every other state. Under federal law, business travel such as this is generally not compensable time.
   37. PreservedFish Posted: July 08, 2014 at 01:55 PM (#4746184)
Wouldn't 3-5x as many signings at $10k-$20k bonuses completely destroy the median/averages you asserted?


Of course it would. I don't know if there are that many low-bonus signings or not. I'm sure that the number of signed contracts per round drops quickly as you get to the deeper rounds. (There are 40 rounds now, by the way)
   38. snapper (history's 42nd greatest monster) Posted: July 08, 2014 at 02:02 PM (#4746192)
Meal money on the road is almost certainly not included in calculating an employee's pay.

Right, and I didn't include it in my 5.7 hour calc. Just noted it. Of course, the teams could just eliminate the meal money, and fold the extra $200-300 into the monthly pay, and that would probably solve the minimum wage issue.

You're definitely wrong about "only on field time." Any time an employee is required to be doing stuff for his employer is work time. That is, working out at home to keep in shape is not compensable time. If an employee is required to be at the park, though, whether it's for training, practice, or actual game play, it will likely be compensable.

So, if a player is required to be on the field ready to practice 2 hours before a game, that 2 hours plus the game counts, right? Getting changed before or after the game, or lifting weights, doesn't count unless it's mandatory?

Realistically, all MLB has to do is to raise the minimum monthly salary to $1500, and they'd be well clear of minimum wage issues. I doubt players work more than 7 hours a day, 28 days a month, and that is $1421 at minimum.
   39. RoyalsRetro (AG#1F) Posted: July 08, 2014 at 02:30 PM (#4746214)
Anyone know who the plaintiffs in this case are?
   40. David Nieporent (now, with children) Posted: July 08, 2014 at 02:57 PM (#4746235)
So, if a player is required to be on the field ready to practice 2 hours before a game, that 2 hours plus the game counts, right? Getting changed before or after the game, or lifting weights, doesn't count unless it's mandatory?
Mostly. Generally speaking, "donning and doffing" of relatively ordinary clothing (as opposed to special protective gear) is not compensable time (there are exceptions), so they would not be required to pay players for changing clothes. As for lifting weights, yes, the mandatoriness of the activity would affect the required compensability, though it depends: if a player is required to report to the ballpark X hours before game time, then whether he's lifting weights or meeting with the trainer or studying film during that time, he'd likely have to be paid. The fact that the employer didn't specifically order him to lift weights isn't what's important; what's important is whether he's on the proverbial clock.

(For any wage-and-hour lawyers out there: yes, I know I'm oversimplifying.)


Realistically, all MLB has to do is to raise the minimum monthly salary to $1500, and they'd be well clear of minimum wage issues. I doubt players work more than 7 hours a day, 28 days a month, and that is $1421 at minimum.
They might be well clear under federal law; that doesn't mean they are under all state laws.
   41. DL from MN Posted: July 08, 2014 at 04:06 PM (#4746293)
$1500 would generally make the players ineligible for food stamps as well. A $500 per player raise would cost each team roughly $500k. They saved much more than that in draft slotting.
   42. Joe Kehoskie Posted: July 08, 2014 at 04:27 PM (#4746350)
$1500 would generally make the players ineligible for food stamps as well. A $500 per player raise would cost each team roughly $500k. They saved much more than that in draft slotting.

Did they? I thought the first-year draft slots were actually higher than what teams had spent the year before.

From some quick Googling, it appears teams have set new draft spending records every year since slotting went into effect.
   43. Joe Bivens, Minor Genius Posted: July 08, 2014 at 04:54 PM (#4746412)
You're definitely wrong about "only on field time." Any time an employee is required to be doing stuff for his employer is work time. That is, working out at home to keep in shape is not compensable time. If an employee is required to be at the park, though, whether it's for training, practice, or actual game play, it will likely be compensable.

All of the above having been said, I would argue that baseball players are exempt either under the professional exemption or the seasonal exemption.

That's some catch!
   44. DL from MN Posted: July 08, 2014 at 05:28 PM (#4746474)
I thought the first-year draft slots were actually higher than what teams had spent the year before.


I am pretty sure they saved money by slowing the rate of increase. The international pool is less than some teams were spending on one player.
   45. Mirabelli Dictu (Chris McClinch) Posted: July 09, 2014 at 01:19 PM (#4747014)
Under federal law, business travel such as this is generally not compensable time.


Really? Business travel such as this performed on a contract with the Federal government is 100% compensable time.
   46. theboyqueen Posted: July 09, 2014 at 01:34 PM (#4747035)
Where are these potential African-American players going that pays them more than minor league baseball? College football? Goldman Sachs?


Wal-Mart? The police academy? Medical school? Wherever you work? The original point is a valid one.
   47. SoSHially Unacceptable Posted: July 09, 2014 at 01:43 PM (#4747050)
The original point is a valid one.


No it wasn't. I find it impossible to believe that the low pay of minor leaguers, a fact which probably isn't known by the overwhelming majority of young baseball players, has any bearing on the choice of sport to pursue (which, generally speaking, must be made at an early age). I believe there are legitimate financial reasons that deter African-Americans from playing baseball, but the low pay at the level no one aspires to be stuck at is not one of them.
   48. BDC Posted: July 09, 2014 at 02:08 PM (#4747087)
Pay for college basketball and football players is currently nil, which doesn't deter African-Americans. Like SoSH, I think there are structural reasons why the Americans in the game have gotten whiter, but I think they kick in much earlier (where youth ballplayers are identified via a white-suburban "baseball community" instead of taken from a general pool of good athletes across the board, as prevailed in earlier decades).
   49. I am Ted F'ing Williams Posted: July 09, 2014 at 05:19 PM (#4747360)
Really? Business travel such as this performed on a contract with the Federal government is 100% compensable time.


Yes, by contract not by law.
   50. Joe Kehoskie Posted: July 09, 2014 at 05:29 PM (#4747376)

Agree with #47 and #48, and similar comments earlier in the thread. If blacks were choosing sports based on earning potential, high school football and basketball teams would have trouble filling out rosters.

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