Minor league wage lawsuit gets dealt a major setback in California court

May 31, 2015; Indianapolis, IN, USA; Toledo Mud Hens starting pitcher Justin Verlander (35) pitches in the first inning against the Indianapolis Indians at Victory Field. Mandatory Credit: Matt Kryger/Indianapolis Star via USA TODAY Sports
May 31, 2015; Indianapolis, IN, USA; Toledo Mud Hens starting pitcher Justin Verlander (35) pitches in the first inning against the Indianapolis Indians at Victory Field. Mandatory Credit: Matt Kryger/Indianapolis Star via USA TODAY Sports /
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A California judge has halted the case’s progression to allow MLB to appeal an earlier ruling that certified the lawsuit as a class action.

For the third time since the inception of the minor league wage lawsuit alleging that MLB is in violation of federal and state minimum wage and overtime laws, the question of whether minor league players can take part in the suit as a collective is up in the air.

In March, a class of all players who appeared in California League games since February 7, 2011 along with all players who had participated in spring training, extended spring training or instructional leagues and hadn’t signed a major league contract before that same date were certified as a class by federal Magistrate Judge Joseph C. Spero.

It’s that ruling that MLB sought an opportunity to appeal, and that’s exactly what MLB got on Friday.

The question of whether or not the common practices of minor league baseball franchises are lawful or not is currently irrelevant. Right now, the only matter of importance is whether or not the group of players that were certified as a class by Spero can legitimately be defined as a collective.

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The March decision was the third time that Spero had ruled on the matter. In October of 2015, Spero certified a preliminary class of over 10,000 current and former minor league baseball players. Then in July of 2016, Spero reversed course and reduced the number of plaintiffs to the original 32 who filed the suit.

Counsel for the plaintiffs revised their approach and petitioned the court for a different certification in February, which prompted Spero’s March ruling. Now, the case is seemingly right back where it started.

There’s no hope of this matter being resolved soon, as appeals to federal circuit courts often take months if not years. It’s possible that many of the players who would currently be part of the most-recently certified class could be in the majors or out of baseball by the time the matter is decided.

If the circuit court sides with Spero, the suit can proceed as a class-action affair. That would give it the potential to significantly affect change in the landscape of minor league baseball. Although the class would not be as broad as the original class of thousands, a ruling in the plaintiffs’ favor would set a legal precedent which other players in other states could use in court.

If the circuit court rules in MLB’s favor, then the status of this suit reverts to a minor affair between MLB and the 32 original plaintiffs. It’s more likely to result in a settlement out of court, if anything, at that point. It’s possible the plaintiffs might drop the suit altogether, as its potential to affect legitimate, widespread changes will have been severely diminished.

How the circuit court will rule remains to be seen. What’s certain is that this case that is already two years old is going to age a lot more before a resolution is reached.