A former volunteer for Major League Baseball’s (MLB) All-Star game fan week event filed a putative wage and overtime pay class action lawsuit against the MLB in New York state court. The claim addresses volunteers working in New York at the 2013 “All-Star FanFest” and its 2008 equivalent. The volunteer’s lawsuit alleges the MLB violated New York state wage laws when it failed to pay volunteers for the work.
MLB Volunteer Claims
The MLB hired volunteers to staff its fan festival in conjunction with its 2013 All-Star game. John Chen, a hospitality volunteer for the MLB’s “All-Star FanFest,” a week-long series of events, filed his class action lawsuit after working as a volunteer during the summer of 2013. Chen claims he worked about 17 hours during the weeklong event. Seventeen hours may not seem like a lot of time, but depending on when those hours were worked, it could amount to an appreciable amount of money for a week’s work under New York wage laws.
Chen claims the volunteers, like the greeters, ticket takers, and other hospitality related individuals, should be paid for their work. According to his claim, volunteers performed work for activities such as the concert, parade, and 5K race, which were all part of the fan festival. As volunteers, they did not receive any pay for their efforts for the MLB and its “All-Star FanFest,” but they were offered gifts. According to the lawsuit, the gifts included items like cinch drawstring backpacks, a shirt, a water bottle, and a cap. They also received free entry into the “All-Star FanFest,” along with a guest pass.
Volunteering & Wages
As a general rule, businesses must pay for any work they receive from individuals. There are some exceptions for not-for-profit entities, but even they are governed by wage laws. The Fair Labor Standards Act (FLSA) and many state labor laws require employers who “suffer or permit” individuals to work for them to pay them at least minimum wage for their work. Since volunteering still exists and is allowed by law, the question becomes, what is considered “work?” Like unpaid interns, who are increasingly suing for unpaid wages, volunteer work must not displace or replace the work of a regular employee. Unlike an intern, however, volunteer work must not include duties that are part of activities “engaged in commerce,” or making money.
As the focus on defining “work” and whether an activity is “engaged in commerce” should indicate, it is often difficult to determine if unpaid volunteer work is violating wage and overtime laws. If you believe you deserved compensation for your volunteer work, contact our experienced team of overtime pay lawyers today. You can reach us at (855) 754-2795,or complete the Free Unpaid Overtime Case Review form and our knowledgeable legal team will evaluate your case. If we accept your case, we will represent you under our No Fee Promise. You will not pay any legal fees or costs unless you receive a settlement.