1 00:00:00,760 --> 00:00:03,280 Speaker 1: This is the Bloomberg Business of Sports show, where we 2 00:00:03,320 --> 00:00:05,600 Speaker 1: explore the big money issues in the world of sports, 3 00:00:05,720 --> 00:00:09,160 Speaker 1: and I'm Scarlet Food. It's a busy week for baseball fans. 4 00:00:09,360 --> 00:00:13,240 Speaker 1: MLB's All Star festivities kickoff tonight with the Home Run Derby. 5 00:00:13,280 --> 00:00:16,239 Speaker 1: Of course, the trade deadline is coming up soon as well, 6 00:00:16,320 --> 00:00:20,360 Speaker 1: and we know that Juan Soto, start outfielder, has rejected 7 00:00:20,440 --> 00:00:23,320 Speaker 1: a fifteen year, four hundred forty million dollar offer from 8 00:00:23,320 --> 00:00:26,600 Speaker 1: the Washington Nationals that would have been the largest contract 9 00:00:26,680 --> 00:00:29,680 Speaker 1: in baseball history. So the question is what's going to 10 00:00:29,800 --> 00:00:33,560 Speaker 1: happen before the trade deadline on Tuesday, August two. Maybe 11 00:00:33,560 --> 00:00:35,519 Speaker 1: the Nats will move him. Of course that's on the 12 00:00:35,520 --> 00:00:37,800 Speaker 1: big league level. But we're gonna start with a headline 13 00:00:37,880 --> 00:00:42,120 Speaker 1: that really starts with minor leaguers, and it's something that 14 00:00:42,159 --> 00:00:45,000 Speaker 1: the big league players have have been engaged with and 15 00:00:45,000 --> 00:00:48,760 Speaker 1: are very invested in. Major League Baseball agreed to pay 16 00:00:48,840 --> 00:00:51,680 Speaker 1: a hundred eighty five million dollars. It's part of a 17 00:00:51,760 --> 00:00:54,960 Speaker 1: settlement with minor league ball players who say that the 18 00:00:55,040 --> 00:00:58,600 Speaker 1: league was unfairly exploiting them. So for more on that 19 00:00:58,760 --> 00:01:02,320 Speaker 1: and how this came about, how long it's been anticipated, 20 00:01:02,520 --> 00:01:06,360 Speaker 1: let's bring in Bloomberg Legal News editor Peter Bloomberg. Peter, 21 00:01:06,440 --> 00:01:08,840 Speaker 1: thank you so much for joining us. Sure happy to 22 00:01:08,880 --> 00:01:11,800 Speaker 1: be here. So let's talk a little bit about this settlement, 23 00:01:11,880 --> 00:01:16,200 Speaker 1: because this is a case, a dispute that's been going 24 00:01:16,240 --> 00:01:20,720 Speaker 1: on for years, right, that's right. It's been kicking around 25 00:01:20,760 --> 00:01:24,000 Speaker 1: since two thousand fourteen, so that's an eight year odyssey. 26 00:01:24,160 --> 00:01:27,560 Speaker 1: It was filed as a class action suit on behalf 27 00:01:27,800 --> 00:01:31,840 Speaker 1: of players throughout the minor leagues. The defendants in the 28 00:01:31,920 --> 00:01:37,440 Speaker 1: case we're all thirty MLB teams and UH. It was 29 00:01:37,480 --> 00:01:41,800 Speaker 1: brought by minor league players who were seeking pay for 30 00:01:42,000 --> 00:01:46,200 Speaker 1: minimum wage and overtime violation. And according to the lawsuit, 31 00:01:46,280 --> 00:01:50,320 Speaker 1: how much were the players earning in the minor leagues. Well, 32 00:01:51,080 --> 00:01:55,120 Speaker 1: they claimed that they were earning UH quote poverty wages, 33 00:01:55,440 --> 00:01:59,200 Speaker 1: and UH studies have shown that on average they were 34 00:01:59,240 --> 00:02:05,360 Speaker 1: getting paid UH five thousand and fifteen thousand dollars a season. Now, 35 00:02:05,360 --> 00:02:09,959 Speaker 1: of course, the the MLB has provided them over the 36 00:02:10,040 --> 00:02:19,160 Speaker 1: years UH with some benefits including UM food, housing, healthcare benefits. 37 00:02:19,400 --> 00:02:24,080 Speaker 1: But the key thing is that the MLB only recognized 38 00:02:25,360 --> 00:02:31,080 Speaker 1: their season, their their championships season as as the time 39 00:02:31,120 --> 00:02:35,400 Speaker 1: when they were getting paid. They weren't being compensated for 40 00:02:35,520 --> 00:02:40,160 Speaker 1: spring training and extended spring training and instructional leagues, so 41 00:02:40,400 --> 00:02:43,239 Speaker 1: they were really being treated as seasonal workers, not year 42 00:02:43,320 --> 00:02:46,079 Speaker 1: round employees. I see. So it's like they were working 43 00:02:46,120 --> 00:02:48,800 Speaker 1: for free for the time when they're preparing for the 44 00:02:48,840 --> 00:02:52,639 Speaker 1: season that they were paid. That's what they claimed. Yes, okay, 45 00:02:52,760 --> 00:02:55,919 Speaker 1: So by contrast, the average MLB player makes more than 46 00:02:55,960 --> 00:02:59,400 Speaker 1: four million dollars a year, and according to folks we 47 00:02:59,520 --> 00:03:02,480 Speaker 1: studied baseball contracts, they can't be paid less than seven 48 00:03:02,520 --> 00:03:06,160 Speaker 1: hundred thousands. So that's a huge contrast between what you 49 00:03:06,200 --> 00:03:08,440 Speaker 1: make in the minor leagues versus what you make in 50 00:03:08,480 --> 00:03:11,680 Speaker 1: major league baseball. So, Peter, this really shows just how 51 00:03:11,800 --> 00:03:14,680 Speaker 1: much um minor league ball players are willing to put 52 00:03:14,760 --> 00:03:17,880 Speaker 1: up with for an opportunity, a chance maybe to one 53 00:03:17,919 --> 00:03:21,000 Speaker 1: day make it to the big leagues. That's right, that's right. 54 00:03:21,400 --> 00:03:25,200 Speaker 1: And they claimed in the in the lawsuit that they 55 00:03:25,400 --> 00:03:30,000 Speaker 1: should be getting, you know, at least minimum wage. And 56 00:03:30,360 --> 00:03:34,720 Speaker 1: there was a law written into the federal code in 57 00:03:34,760 --> 00:03:39,240 Speaker 1: two thousand eighteen that that actually exempted them from federal 58 00:03:39,280 --> 00:03:41,880 Speaker 1: wage laws. And that was a law that, of course 59 00:03:41,920 --> 00:03:46,640 Speaker 1: the MLB helped to get past. So one of the 60 00:03:46,680 --> 00:03:51,640 Speaker 1: most important provisions in this agreement, beyond just the amount 61 00:03:51,680 --> 00:03:55,360 Speaker 1: of money that's going to be paid, is there's going 62 00:03:55,400 --> 00:04:00,960 Speaker 1: to be a removal from the contract of a provision 63 00:04:01,080 --> 00:04:07,880 Speaker 1: that forbids the teams from paying them minimum wages for 64 00:04:08,280 --> 00:04:14,120 Speaker 1: these periods outside of the championship playing season. So now 65 00:04:14,160 --> 00:04:19,800 Speaker 1: that the teams will not be barred from paying the 66 00:04:19,880 --> 00:04:22,919 Speaker 1: minor leaguers a fair wage. I'm still intrigued by this 67 00:04:23,000 --> 00:04:25,680 Speaker 1: idea that the players filed their class action lawsuit in 68 00:04:27,320 --> 00:04:30,960 Speaker 1: It's actually been up and down the court system. It's 69 00:04:31,000 --> 00:04:34,760 Speaker 1: been through several appeals. It went all the way to 70 00:04:34,880 --> 00:04:39,320 Speaker 1: the US Supreme Court, which refused to dismiss the case 71 00:04:39,360 --> 00:04:44,640 Speaker 1: in and then it came back down the ladder to 72 00:04:45,640 --> 00:04:48,839 Speaker 1: the trial court and to a judge in San Francisco 73 00:04:49,000 --> 00:04:53,240 Speaker 1: who issued an important ruling back in March that sided 74 00:04:53,279 --> 00:04:56,440 Speaker 1: with the minor leaguers on a lot of key issues 75 00:04:56,640 --> 00:05:03,120 Speaker 1: and also found some some violations that that ended up 76 00:05:03,160 --> 00:05:06,560 Speaker 1: with like a two million dollar award for just a 77 00:05:06,640 --> 00:05:10,520 Speaker 1: small piece of the lawsuit. But when the settlement was 78 00:05:10,560 --> 00:05:14,560 Speaker 1: a reach this summer, it was the case was only 79 00:05:14,600 --> 00:05:18,279 Speaker 1: a few weeks away from going to trial, and there 80 00:05:18,560 --> 00:05:23,799 Speaker 1: was substantially more at stake than the hundred million dollars 81 00:05:23,800 --> 00:05:27,880 Speaker 1: they settled for. So uh, it looked, you know, as 82 00:05:27,960 --> 00:05:31,480 Speaker 1: with any legal settlement, each side figures out what its 83 00:05:31,600 --> 00:05:36,120 Speaker 1: risks of going to trial are, and they decided each 84 00:05:36,240 --> 00:05:39,599 Speaker 1: side decided that settlement was the best idea to avoid 85 00:05:39,600 --> 00:05:42,919 Speaker 1: the trial. A trial could have been embarrassing for the 86 00:05:43,080 --> 00:05:46,520 Speaker 1: MLB diffent head. Well, just if it had exposed the 87 00:05:46,600 --> 00:05:51,200 Speaker 1: disparity that you spoke about earlier, UM, with the you know, 88 00:05:51,360 --> 00:05:54,839 Speaker 1: the the huge gap in what the minor and major 89 00:05:54,880 --> 00:05:58,080 Speaker 1: league players are paid. Yeah, it would. It would just 90 00:05:58,160 --> 00:06:01,080 Speaker 1: invite a lot of patent in that press. It would 91 00:06:01,080 --> 00:06:06,560 Speaker 1: have had minor league players as witnesses testifying about their 92 00:06:06,600 --> 00:06:11,200 Speaker 1: standard of living, um, eating peanut butter sandwiches to to 93 00:06:11,400 --> 00:06:14,839 Speaker 1: make ends meet, that kind of thing. So I'm curious then, 94 00:06:14,960 --> 00:06:17,320 Speaker 1: in terms of what else MLB is going to do 95 00:06:17,400 --> 00:06:21,080 Speaker 1: when it comes to um, the player development system and 96 00:06:21,120 --> 00:06:23,599 Speaker 1: the minor leagues. Is this kind of just one step 97 00:06:23,720 --> 00:06:28,440 Speaker 1: along the process along a bigger effort it is? Uh, 98 00:06:28,839 --> 00:06:37,000 Speaker 1: The majors are are also implementing additional changes to sort 99 00:06:37,040 --> 00:06:40,200 Speaker 1: of add some you know, some other benefits for for 100 00:06:40,279 --> 00:06:45,200 Speaker 1: minor league players and it's an ongoing process. There's also 101 00:06:45,720 --> 00:06:48,840 Speaker 1: you know, there's also been some some scuttle but about 102 00:06:49,520 --> 00:06:52,560 Speaker 1: the minor league ers trying to form a union. We 103 00:06:52,640 --> 00:06:55,320 Speaker 1: know that the parties both announced that they had reached 104 00:06:55,360 --> 00:06:57,520 Speaker 1: a settlement, but they didn't disclose the terms. So is 105 00:06:57,520 --> 00:07:00,160 Speaker 1: it unusual that we now know the terms of of 106 00:07:00,240 --> 00:07:04,760 Speaker 1: the settlement. No, not at all. Um, That's just part 107 00:07:04,760 --> 00:07:09,040 Speaker 1: of the process. And the next step will be asking 108 00:07:09,080 --> 00:07:11,800 Speaker 1: the judge to approve the settlement, and the judge is 109 00:07:11,840 --> 00:07:16,200 Speaker 1: the final has the final say. Um. And in this case, 110 00:07:16,880 --> 00:07:20,560 Speaker 1: which is also not unusual, about a third of the 111 00:07:20,760 --> 00:07:25,320 Speaker 1: hundred and eighty five million will go to the lawyers 112 00:07:25,720 --> 00:07:29,200 Speaker 1: for the players and for for for costs associated with 113 00:07:29,240 --> 00:07:33,920 Speaker 1: the litigation, which will leave the players themselves, thousands of 114 00:07:34,720 --> 00:07:38,840 Speaker 1: minor league players going back more than a decade, uh, 115 00:07:38,840 --> 00:07:41,000 Speaker 1: you know, who've been in and out of the league, 116 00:07:41,480 --> 00:07:43,960 Speaker 1: with about a hundred and twenty million that will be 117 00:07:44,040 --> 00:07:48,600 Speaker 1: divvied up among those players, the ones who signed up 118 00:07:49,440 --> 00:07:54,280 Speaker 1: on you know, signed onto the class action. And the 119 00:07:54,320 --> 00:07:59,200 Speaker 1: amount that individual players receive will just be calculated according 120 00:07:59,240 --> 00:08:02,160 Speaker 1: to the record of when they played and how long 121 00:08:02,200 --> 00:08:05,200 Speaker 1: they played. More of a moral victory than a financial 122 00:08:05,320 --> 00:08:07,000 Speaker 1: victory when it comes down to it, though, right, I mean, 123 00:08:07,040 --> 00:08:10,400 Speaker 1: because they're setting precedents for what happens going forward. Yeah, 124 00:08:10,440 --> 00:08:16,960 Speaker 1: exactly as I said. Um, that contract change is is 125 00:08:17,000 --> 00:08:19,520 Speaker 1: the biggest is the biggest part of it because it's 126 00:08:19,560 --> 00:08:23,160 Speaker 1: gonna it's gonna benefit players going forward. Peter, thank you 127 00:08:23,200 --> 00:08:25,480 Speaker 1: so much for joining us. Peter Bloomberg is one of 128 00:08:25,480 --> 00:08:29,480 Speaker 1: our legal editors here at Bloomberg News. He covers all 129 00:08:29,560 --> 00:08:32,120 Speaker 1: kinds of legal cases, some baseball, some not so much. 130 00:08:32,120 --> 00:08:34,679 Speaker 1: I know that, Peter, You've talked a lot about a 131 00:08:34,880 --> 00:08:38,720 Speaker 1: i g. Being back at baseball lawsuit seeking lost revenue 132 00:08:38,720 --> 00:08:42,040 Speaker 1: from COVID, which I thought was really interesting as well. Um, 133 00:08:42,040 --> 00:08:45,160 Speaker 1: it's not something that people in baseball think about a 134 00:08:45,160 --> 00:08:48,440 Speaker 1: lot unless you happen to be a baseball team owner 135 00:08:48,600 --> 00:08:51,800 Speaker 1: or you're looking at MLB and its status as not 136 00:08:51,880 --> 00:08:55,400 Speaker 1: a cartel. But it's got this non compete status that 137 00:08:55,400 --> 00:08:58,840 Speaker 1: that is kind of special among professional sports leagues, isn't it? Yes, 138 00:08:58,880 --> 00:09:03,400 Speaker 1: it is, and it continues to be an issue that 139 00:09:04,280 --> 00:09:09,560 Speaker 1: it gets brought up in lawsuits and in inquiries from Congress. 140 00:09:09,679 --> 00:09:12,000 Speaker 1: Do you think that's gonna stay or is there a 141 00:09:12,080 --> 00:09:16,760 Speaker 1: momentum to strip the MLB of that, you know, I wouldn't. 142 00:09:16,800 --> 00:09:19,520 Speaker 1: I wouldn't be in a position to comment on that 143 00:09:19,679 --> 00:09:26,800 Speaker 1: because so far it has managed to stay despite multiple challenges. 144 00:09:27,440 --> 00:09:30,199 Speaker 1: So the only thing we can say is that it's 145 00:09:30,240 --> 00:09:32,600 Speaker 1: not going to go away easily. Got it all right, Peter, 146 00:09:32,720 --> 00:09:35,320 Speaker 1: Thank you so much. Peter Blomberg, Bloomberg Legal News Editor, 147 00:09:35,559 --> 00:09:39,640 Speaker 1: thank you. And that was Bloomberg Legal News Editor, Peter Bloomberg. 148 00:09:39,920 --> 00:09:43,280 Speaker 1: This is the Bloomberg Business of Sports podcast. I'm Scarlet Food. 149 00:09:43,760 --> 00:09:47,240 Speaker 1: My usual partners in crime, Michael Barr and Damien Sassara 150 00:09:47,320 --> 00:09:48,960 Speaker 1: would be back with me in a couple of weeks. 151 00:09:49,080 --> 00:09:52,120 Speaker 1: Catch us here each and every Monday, Wednesday and Thursday, 152 00:09:52,120 --> 00:09:54,840 Speaker 1: where we explore the world of money and sports. Also 153 00:09:54,960 --> 00:09:57,400 Speaker 1: be sure to catch me on Twitter at Scarlet Food. 154 00:09:57,480 --> 00:10:00,360 Speaker 1: You're listening to Bloomberg Business of Sports on Bloomberg Radio 155 00:10:00,440 --> 00:10:02,439 Speaker 1: around the world. M