USA Today quoted Paul Millus in an article titled “In Suing MLB, Minor Leaguers Want Minimum Wage for Maximum Effort.” The article, published April 22nd, discusses a lawsuit filed in February 2014 by former minor leaguers who allege they were not paid minimum wage during their time in pro ball, in violation of federal and state laws.
The article stated: “How those forms of compensation are factored into the whole equation will be part of the debate over a suit that MLB ‘is going to fight tooth and nail,” says employment attorney Paul Millus of the New York firm Meyer, Suozzi, English and Klein, who advises employers and employees on workplace matters.
An even bigger point of contention, Millus says, will be whether baseball players are exempt from minimum-wage laws because they’re considered seasonal amusement and recreational employees. The Second Circuit Court of Appeals recently recognized sporting events as being covered by that exemption.
“The simple answer is this: If you’re not exempt, you’re entitled to overtime and minimum wage, without a doubt,” Millus says. “The question is whether or not the exemptions that have been applied in this situation, particularly the one for recreational, would apply to baseball players in the minor leagues. That will be a very interesting question, and it’s a very complex one.”
Millus and fellow New York lawyer Anthony Sabino also note that the plaintiffs may face a major hurdle in getting their lawsuit certified as a class action, largely because current players figure to be reluctant to sue their bosses. Absent class-action status, Millus says, the lawsuit would not be worth the attorneys’ time and effort.”
The full article can be read at USA Today.