Minor league baseball players who make as little as $5,500 a season would be stripped of the protection of federal minimum wage laws under a provision in government spending legislation expected to be approved by Congress this week.
The “Save America’s Pastime Act” is included on page 1,967 of the $1.3 trillion spending bill and appears to pre-empt a lawsuit filed four years ago in U.S. District Court in San Francisco by three players alleging Major League Baseball and its teams violate the Fair Labor Standards Act and state minimum wage and overtime requirements for a work week they estimated at 50-to-60 hours.
The provision in the legislation would exempt “any employee employed to play baseball who is compensated pursuant to a contract that provides for a weekly salary for services performed during the league’s championship season (but not spring training or the offseason) at a rate that is not less than a weekly salary equal to the minimum wage … for a workweek of 40 hours, irrespective of the number of hours the employee devotes to baseball related activities.”
The House approved the spending bill Thursday and the legislation appears likely to be approved by the Senate and signed by President Donald Trump.
“Instead of going through the regular committee process where it has a hearing, all of this was done in secret and a in a very rushed manner,” Garrett Broshuis, the lawyer for the players, said Thursday. “It’s emblematic of how things are getting done in Washington these days, where the people with a lot of money are able to flex their political muscle and make a lot of contributions and get things done in secret that benefit only them.”
Major League Baseball spent $1.32 million on lobbying expenses in both 2016 and 2017, up from $330,000 in 2015, according to the nonpartisan Center for Responsive Politics. MLB paid $400,000 each of those years to an outside firm, the Duberstein Group, which reported lobbying the House and Senate on the issue, as did MLB’s in-house lobbyist.
“We aren’t billionaire business owners and billionaire team owners,” said Broshius, a minor league pitcher from 2004-09 who later became a lawyer.
The language in the spending bill is nearly identical to a stand-alone bill introduced in 2016 by Republican Rep. Brett Guthrie of Kentucky and Democratic Rep. Cheri Bustos of Illinois. At the time, the pair said the exemption from minimum wage laws was necessary because without it, minor leagues would have to make cuts that could imperil teams and hurt the economy in cities where they play.
Only major league players are unionized, and their collective bargaining agreement sets minimum salaries for players on 40-man rosters: $545,000 for those in the major leagues this season, $88,900 for 40-man roster players in the minors signing at least their second big league contract and $44,500 for 40-man roster players in the minors signing their first big league contract.
While early selections in the annual draft of players residing in the United States, Canada and Puerto Rico, and top amateurs from the rest of the world can command signing bonuses as high as about $8 million under the current rules, monthly minimum salaries for most players on minor league rosters are low: $1,100 at rookie ball and Class A, $1,500 at Double-A and $2,150 at Triple-A. Players also receive a $25 per diem on the road and dinner at the ballpark following games.
Teams have spent just under $289 million on signing bonuses for last year’s amateur draft picks and about $150 million on international amateurs in the signing period that started July 2. MLB calculates the average monthly salaries last year at $10,000 in Triple-A, $3,000 in Double-A, $1,600 at upper-level Class A and $1,300 at lower-level A-ball.
“We stand shoulder to shoulder with the minor league players and the labor community in opposing this legislation,” Tony Clark, head of the Major League Baseball Players Association, said in an email.
The lawsuit has been certified as a class action for minor leaguers who played in a California league, instructional league or extended spring training since February 2011, but MLB has asked the 9th U.S. Circuit Court of Appeals to overturn that decision, which has delayed the case from going to trial.
MLB had no comment on the legislation, spokesman Michael Teevan said. The National Association of Professional Baseball Leagues, which governs the minors, deferred to MLB because players are employees of the major league teams, spokesman Jeff Lantz said.
David Popp, a spokesman for Senate Majority Leader Mitch McConnell, said in an email: “If the leader issues a statement on this I’ll be sure to forward.” Doug Andres, a spokesman for House Speaker Paul Ryan, did not respond to an email seeking comment.
By RONALD BLUM
AP Sports Writer Ben Nuckols contributed to this report.
(CNN)National security adviser H.R. McMaster has agreed to resign and will be replaced by former US ambassador and Fox News analyst John Bolton, President Donald Trump announced in a tweet on Thursday.
Congress wants to be sure that the United States keeps the pressure on Russia, with or without the president’s help.
Buried in the massive $1.3 trillion spending bill that Congress is considering this week are strict new punishments against Russia, in what lawmakers and aides say is a message to President Donald Trump to reconsider his relaxed posture toward Moscow.
The legislation, which Trump was always expected to sign, includes restrictions that bar many federal agencies from engaging financially or otherwise with the Kremlin and its backers on a number of fronts. Lawmakers from both parties viewed those provisions and others as an opportunity to enshrine new punishments against Vladimir Putin’s regime at a time when the Trump administration has taken heat for its refusal to immediately and fully implement mandatory sanctions and other punishments.
“Those [sanctions] were a good first step. But I do think that these newer sanctions hopefully put a little more bite to it. And frankly I think that’s a good thing,” Sen. John Thune (R-S.D.) told The Daily Beast. “The Russians are guilty of bad behavior all over the world. And so we shouldn’t be doing anything to encourage or condone that.”
The new measures come as the White House faces renewed criticism over its handling of Russia. Earlier this week, The Washington Post reported that the president, against the advice of his top aides, congratulated Putin on winning re-election to another six-year term. He also did not press Putin on election-meddling or on the nerve-agent attack on a former Russian spy in the United Kingdom.
Multiple lawmakers and congressional sources from both parties said the new financial barriers aimed at punishing Russia are both robust and significant, and were crafted in light of Russia’s continued aggression in eastern Europe and the Middle East in addition to the likelihood that the Kremlin tries to meddle in the 2018 midterm elections.
Democrats pointed to Trump’s reluctance to publicly criticize Putin and speak out about Russia’s activities, and said it was necessary for Congress to step inwhenever possible to send the administration a message.
“With the appropriations bill, bipartisan majorities are once again sending the president tough new measures to push back on Russia and shore up our election system against future interference,” Rep. Eliot Engel (D-N.Y.), the top Democrat on the House Foreign Affairs Committee, told The Daily Beast. “It’s time that the White House listens to Congress and uses the tools we’ve provided.”
The spending bill bars the use of federal funds for “entering into new contracts with, or new agreements for Federal assistance to, the Russian Federation,” and allocates $250 million to the Countering Russian Influence Fund—a 150 percent increase from last year. Additionally, it authorizes significant new sanctions against Russia over its actions in eastern Europe and the Middle East.
Their origin, though, remains a mystery. While lawmakers were unsure who exactly inserted those measures into the 2,232-page spending bill, they said it represented a broad point of agreement among Democrats and Republicans on Capitol Hill in a policy area where Trump himself has, in their view, struggled.
“I think there is broad bipartisan concern that our president hasn’t been active in pushing back against Russian aggression—either its meddling in our last election and likely meddling in our next election, or its aggression toward its neighbors like Ukraine, Georgia and its interference in Syria,” Sen. Chris Coons (D-DE) told The Daily Beast.
Coons, who sits on the Senate Appropriations Committee, said the language was “most likely added by senior senators who recognize that the Congress has acted forcefully and in a bipartisan way to demand sanctions and stronger action by the president and [we] have so far been largely disappointed. I think this is partly an effort of senior legislators from both parties to make progress on that.”
Sen. Johnny Isakson (R-GA) described the spending bill as a “wheelbarrow” of Congress’ priorities, and said he suspects the additional measures were included “in response to what’s been going on up here,” referring to mandatory sanctions against Russia that continue to receive bipartisan backing.
“Because it’s an omnibus appropriations bill, that’s the logical place for that type of language to be,” Isakson said.
Despite Trump’s apparent unwillingness to outwardly criticize Putin and Moscow’s election-meddling practices, lawmakers on both sides of the aisle have credited the Trump administration for taking actions against the Kremlin including a new lethal defensive weapons sale to Ukraine’s military, which is defending itself against Russian-backed separatists.
The omnibus includes financial punishments against Russia over its annexation of Crimea, which the U.S. and its allies have condemned. The legislation also includes a five-page section titled “Countering Russian Influence and Aggression,” which outlines specification prohibitions on federal dollars going to the Russian government.
Additionally, federal agencies are barred from directing financial assistance toward countries that are supporting Russia’s annexation of Crimea. The bill also restricts federal agencies from investing in Crimea or other areas that the U.S. believes are under illegal control by Russia, and requires Treasury Secretary Steven Mnuchin to direct Americans sitting on international financial boards to vote against any measure that funds programs which violate “the sovereignty or territorial integrity of Ukraine.”
More broadly, the legislation directs funds toward “supporting democracy programs” in Russia including Internet freedom. It also allocates $380 million to the Election Assistance Commission to help states and localities improve their election infrastructure to guard it against cyberattacks. The Senate Intelligence Committee issued a series of recommendations this week on election security as part of its Russia investigation.
“It is reassuring that at least in this bill, we still have a bipartisan consensus with regard to national security issues,” Sen. Brian Schatz (D-HI) told The Daily Beast, speculating that Congress was aiming to “protect [Trump] from himself” by slipping in new punishments against Putin.