Chen v. Major League Baseball Properties, Inc., et al

Filing 1

COMPLAINT against Major League Baseball, Major League Baseball Enterprises, Inc., Major League Baseball Properties, Inc., The Office of the Commissioner of Baseball. (Filing Fee $ 350.00, Receipt Number 1073827)Document filed by John Chen.(laq)

Chen v. Major League Baseball et al

OUTTKN

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Doc. 1

GOLDEN LLP

Justin M. Swartz
Juno Turner
Michael N. Litrownik
""3 1'ark A'v'enu'e, 29""Floor"
New York, New York 10016
Telephone; 212-24S-1000

c&~

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IN THK UNITED STATES DISTRICT COUR
FOR THK SOUTHERN DISTRICT OF NKW YO
'OHN

CHEN, on behal
others similarly situated,

f of himself

and all

CLASS ACTION COMPLAINT

Plaintiff,

JURY TRIAL DEMANDED

).8

MAJOR LEAGUE BASEBALL; MAJOR
LEAGUE BASEBALL PROPERTIES, INC.;
THE OFFICE OF THE COMMISSIONER OF
BASEBALL, d/b/a/ MAJOR LEAGUE
BASEBALL; and MAJOR LEAGUE
BASEBALL ENTERPRISES, INC.

Cv

5494
'efendants,

Plaintiff John Chen

("Plaintiff" ), individually

and as a class representative

on behalf

of

all others similarly situated, by his attorneys Outten & Golden LLP, makes the following

allegations against Defendants Major League Baseball; Major League Baseball Properties, Inc.;

The Office of the Commissioner

of Baseball,

d/b/a/

Major League Baseball; and Major League

Baseball Enterprises, Inc. (collectively, "MLB"):

INTRODUCTION

1.

MLB staffed its 2013 All-Star FanFest ("FanFest"), a lucrative, for-profit

commercial operation that MLB promoted as "the largest interactive baseball theme park in the

Dockets.Justia.com

world," and described as "baseball heaven on earth,"'lmost entirely with "volunteers," and did
not pay them any wages.

2,

Through its website, MLB recruited approximately

2000 volunteers to "represent

New York by welcoming... guests [in other words, paying customersj from around the world
and assisting in the smooth operations

3.

Instead

of paying

of all of the [All-Star] events."

them for their work, MLB, the world's preeminent

professional

baseball league with annual revenue of more than seven billion dollars, provided volunteers with

"a shirt,

a cap and a cinch drawstring backpack," free admission for the volunteer and one guest

to FanFest, a water bottle, and a baseball. MLB allowed volunteers to "wear sneakers during
working hours and khaki shorts or pants."

4.

Through this action, Plaintiff seeks to

(1) force MLB to stop

soliciting and

accepting work from unpaid volunteers, (2) allow those who cannot afford to work for free to
work at FanFest and other events related to the All-Star Game, and (3) recover unpaid wages for
all unpaid volunteers

5.

who performed work for MLB during the relevant period,

MLB's failure to pay its volunteers any wages violated federal and state

wage laws, which require employers to pay at least the minimum

minimum

wage for all work that they

"suffer or permit," and which exist to eliminate "labor conditions detrimental to the maintenance

of the

minimum

standard

of living

necessary for health, efficiency, and general well-being

See "MIB FanFest Touted As 'Basebal/ Heaven on Earth,

"'BSNew

of

York, July 10,

2013, available at httv;//newvork.cbslocal.corn/2013/07/10/mlb-fanfest-touted-as-baseballheaven-on-earth (last visited August 6, 2013).
See http: //mlb.mlb.corn/mlb/events/all

star/v2013/fanfest/fau.isn

(last visited August 6,

See httD://mlb.mlb.corn/mlb/events/all

star/v2013/fanfest/fan.isp

(last visited August 6,

2013),
2013),

workers,"

6.

By failing to pay Plaintiff and thousands of others for their productive work, MLB

denied federal, state, and local governments
important benefits

contributions,

7,

of working,

significant tax revenue and denied the volunteers

including workers'ompensation

and, most importantly,

insurance, social security

the ability to earn a fair day's wage for a fair day's work.

MLB also excluded New Yorkers and many others who could not afford to work

for free.

8,

society.'s

Unpaid private-sector jobs damage the labor market and are a detriment to

for-profit companies hire more unpaid workers, they hire fewer paid workers,

especially entry-level
perpetuating

workers.'eliance

and increasing inequality"

on unpaid labor leads to "an ideal system for
among the economically advantaged

and disadvantaged

jobseekers,

9.

Unpaid jobs "depress[] wages by creating an oversupply

of people

willing to work

not just for low wages, but literally for nothing." They also "undermine the meritocracy that

See 29 U.S,C. $ 202, 203(g); N.Y. Lab, Law $ 2(7); Glatt v, Fox Searchlight Pictures,
Inc,, No. 11 Civ. 6784, 2013 WL 2495140 (S,D.N, Y. June 11, 2013) (unpaid interns are
"employees" and entitled to miniinum wage under the Fair Labor Standards Act where they
provide an immediate advantage to their employer performing low-level tasks that do not require
specialized training and they receive nothing approximating the education they would receive in
an academic setting).

See, e.g., Ross Perlin, INTERN NATIGN: How To EARN NQTHING AND LEARN LITTLE IN
THP. BRAYE NEw EcoNoMY, Verso Publishers (2012).
See David L. Gregory, The Problematic Employment Dynamics of Student Internships, 12
Notre Dame J,L. Ethics A Pub. Pol'y 227, 242 (1998).
" L.A. Times, Jun,
Daniel Akst, Op-Ed,, Unpaid Internships? File Under "Hypocrisy,
15, 2010, at A15, available at http;//articles.latimes.corn/2010/iun/15/opinion/la-oe-akstinternships-20100615.

allocates jobs and rewards people for their skills and gumption."

10.

MLB could have easily afforded to pay its FanFest workers.

11.

MLB charged adults $ 35,00 and children two years and older $ 30.00 to enter

FanFest.

12.

Upon entering FanFest, paying customers could purchase a small bag

chips for $ 5.00 and a cup

of potato

of lemonade for $
7.50.'3,

Thousands

of adults

and children attended FanFest between July 12 and July 16,

2013, and, upon information and belief, spent hundreds of thousands of dollars there,
14,

Major League Baseball Properties'orporate

solicited lucrative corporate sponsorships

Sales k, Marketing department

by claiming that "Baseball fans

of all ages

are

expected to attend 2013 MLB All-Star FanFest, and your organization will have the ideal venue

to leverage the most eagerly awaited fan experience of the summer.""

15.

Events during the five-day 2013 All-Star Weekend were sponsored by large

corporations including T-Mobile, Taco Bell, SiriusXM, Gatorade, Majestic, Blockbuster,

Kellogg's, Gillette, Head & Shoulders, One A Day, Firestone, Scotts, Chevy, Duane Reade, New
Era, Budweiser, Party City, and Under Armour, among others.
earned MLB significant revenue.

16.

These corporate sponsorships

17,

According to MLB, the 2013 All-Star Game and related events, including

See Ross Eisenbrey, Economic Policy Institute, http: //www.epi.org/bloc/unpaid(last visited August 6, 2013).
internships-scourge-labor-market/
brochure.pdf (last visited August
See http: //mlb.mlb.corn/mlb/downloads/v2013/fanfest

6, 2013).
See "All-Star Festival Fieeces Fans,
http: //www.nvvpost.corn/p/sports/more

" New

sports/pav

visited August 6, 2013).
See http: //mlb.mlb.corn/mlb/events/all
visited August 6, 2013).

York Post, July 21, 2013, available at
to Play U51JnutgFCPx9dvH2WJRvJ(last

star/y2013/fanfest/fanfest

sponsorship.jsp

(last

FanFest, brought approximately
None

of these

$ 191.5 million into the New York City

millions

of dollars,

economy.'8,

however, ended up in the pockets

of the New

Yorkers whom MLB recruited to provide the labor necessary to prepare for and run FanFest and
other All-Star Game events,

19,
community

MLB used unpaid volunteers to assist with "hospitality, event logistics,
events, and

transportation."'0,

At FanFest, MLB used volunteers to operate the 40 attractions'" that were

"included with the price

21,
information

22.

of admission,""

Prior to FanFest, MLB required volunteers to attend an unpaid mandatory
session and an unpaid mandatory

orientation session.

In an email to Plaintiff and other volunteers,

MLB told volunteers that they were

"cordially invited to attend our mandatory orientation,"

23.

If volunteers were

unable to attend the unpaid mandatory

orientation, they were

not allowed to work at FanFest or other
events,'4.

MLB did not provide AII-Star Game tickets to FanFest volunteers, although it
gave its more than 2000 volunteers the chance to win one pair

of All-Star

Game tickets, but only

See
httD://minnesota. twins.mlb. corn/news/article.isp? vmd=201307308ccontent id=55250430& vkev=
news min8cc id=min (last visited August 6, 2013),
star/y2013/fanfest/faa.iso
(last visited August 6,
See htto://mlb.mlb.corn/mlb/events/all

2013).
See http: //newvork.cbslocal.corn/2013/07/10/mlb-fanfest-touted-as-baseball-heaven-onmap. ndf
earth/ (last visited August 6, 2013); httD://mlb. mlb,corn/mlb/downloads/v2013/fanfest
visited August 6, 2013).
(last
brochure.pdf (last visited August
See http: //mlb.mlb.corn/mlb/downloads/v2013/fanfest

6, 2013).
See http;//mlb.mlb.corn/mlb/events/all

2013).

star/v2013/fanfest/fag.isp

(last visited August 6,

if they

worked "three shifts at any

of the All-Star
events,"'S,

to "experience All-Star

Instead, MLB also allowed volunteers the opportunity

Week" at FanFest at times that they were "not required to
work."'6.

MLB refused to pay for volunteers'arking
27,

or transportation,

19

In addition to FanFest, MLB recruited volunteers to work at other All-Star Game-

related events around New York City.

28.

MLB also held its All-Star FanFest and related All-Star Game events in New

York, New York in 2008 and staffed them with unpaid volunteers,
'9,

2008 volunteers were required to "attend at least one orientation session
pertaining to the event(s) for which they were assigned to

30.

(sic.)."

The work that 2008 volunteers performed included work at the DHL All-Star

FanFest, greeters, hospitality, office/clerical, information booth, event logistics and
transportation,"

31,

MLB required volunteers at the 2008 FanFest to work "a minimum of three shifts

See http: //mlb.mlb.corn/mlb/events/all

star/v2013/fanfest/faq.jsp

(last visited August 6,

See http: //mlb,mlb.corn/mlb/events/all

star/v2013/fanfest/faq.isp

(last visited August 6,

See http: //mlb.mlb.corn/mlb/events/all

star/y2013/fanfest/faq.jsp

(last visited August 6,

See http: //mlb.mlb.corn/mlb/events/all

star/y2013/fanfest/faq.jsp

(last visited August 6,

2013).
2013).

2013).
2013).
See http: //newvork.yankees.mlb.corn/nvy/fan
August 6, 2013).
See http.//newvork.vankees.mlb,corn/nvv/fan
August 6, 2013).
See http: //newvork.vankees.mlb.corn/nvv/fan
August 6, 2013).

forum/asg/volunteers

form.jsp (last visited

forum/asg/volunteers

form.j sp (last visited

forum/aspjvolunteers

form.jsp (last visited

(approximately

32.

4 hours each),"
MLB held its All-Star Game and related events in Phoenix, Arizona in 2011,
'nd

in Kansas City, Missouri in 2012,

33.

MLB staffed each of these All-Star FanFests and related events with unpaid

volunteers.

34,
background

35.

MLB required all of its unpaid volunteers between 2008 and 2013 to pass
checks,

MLB intends to repeat its unlawful practice by staffing future FanFests and

related All-Star Game events with unpaid volunteers.

36.

MLB plans to hold its 2014 All-Star Game in Minneapolis, MN,

37.

Having identified a free workforce, MLB has invited 2013 unpaid volunteers to

work for free at the 2014 All-Star events, including the 2014 All-Star FanFest.

38,

Plaintiff brings this action on behalf of himself and those similarly situated who

elect to opt-in to this action pursuant to the Fair Labor Standards Act, 29 U.S,C. $ $ 201 et seq,

("FLSA"), and specifically, the collective action provision of 29 U,S.C. ( 216(b), to
MLB's violations of the wage-and-hour

provisions

of the FLSA that

remedy

have deprived Plaintiff and

form.isp (last visited
forum/asg/volunteers
See http: //newvork.vankees,mlb,corn/nvv/fan
August 6, 2013).
tickets.iso (last visited August
star/v2011/fanfest
See http: //mlb.mlb.corn/mlb/events/all

6, 2013).
See http: //newvork.vankees.mlb,corn/nvv/fan
York, NY) (last visited August 6, 2013);
httos://secure.mlb.corn/mlb/events/all
(last visited August 6, 2013),
27

forum/asg/volunteers

star/v2011/volunteer

form.Isp (2008, New

form.isp (2012, Kansas City, MO)

g

id=55250430&vkev=news mlb&
http: //mlb.mlb.corn/news/article.isp?vmd=20130730&content
faq. AS
id=mlb (last visited August 6, 2013); http: //mlb.mlb.corn/min/ticketing/sth/gen/allstar
c
(last visited August 6, 2013).

others similarly situated

39.

of their

lawfully earned wages,

Plaintiff also brings individual

and representative

wage claims under the New

York Labor Law Art, 6, $ $ 190 et seq., Art, 19, $ $ 650 et seq., and the supporting New York
State Department of Labor Regulations, N.Y. Comp, Codes R,

k Regs. tit.

12, Part 142 et seq.

(collectively, "NYLL") as a class action pursuant to Fed. R, Civ. P. 23.

THE PARTIES
Plaintiff John Chen

40.

Plaintiff John Chen is an adult individual who resides in Rego Park, New York.

41.

Plaintiff worked for MLB at FanFest as an unpaid volunteer on June 1, 2013 and

July 10, 12, 13, and 16, 2013.

42.

MLB did not pay Chen any wages.

43.

Chen is a covered employee within the meaning of the FLSA and the NYLL.

44,

Chen has consented to join this action by filing a written Consent to Join form,

attached hereto as Exhibit A.

Defendants
45,

MLB is a single integrated enterprise that operates a professional baseball league.

46.

MLB employed Plaintiff and similarly situated volunteers.

47.

MLB consists of 30 teams that play in the American League and the National

League as well as agent corporations including Major League Baseball Properties, Inc. and

Major League Baseball Enterprises, Inc.

48.

Each year, MLB organizes and puts on an All-Star Game that includes the top

players in each league.

49.

The All-Star Game is preceded by four days of events, including FanFest, staffed

largely by unpaid volunteers.

50.

Events during the 2013 All-Star Weekend included the All-Star 5K

k Fun

Run,

the All-Star Charity Concert, the Futures Game, the Legends 4, Celebrities Softball Game, the

All-Star Workout Day, the Home Run Derby, and the All-Star FanFest at the Javits Center in
Manhattan.

51,

Throughout

the relevant period, MLB maintained

control, oversight, and direction

over Plaintiff and similarly situated employees, including with respect to hiring and other
employment

52.

practices that applied to unpaid volunteers.
The Office of the Commissioner

of Baseball

is an unincorporated

association also

doing business as Major League Baseball and has as its members the Major League Baseball

Clubs.

53.
supervision,

54.

The All-Star Game and surrounding
control, and direction

of the

events, including FanFest, were under the

Commissioner

of Baseball and MLB.

MLB has applied the same employment policies, practices, and procedures,

including hiring criteria and failure to pay wages, to all unpaid volunteers who work for MLB

over All-Star Weekend,

55.

MLB is a covered employer within the meaning of the FLSA and the NYLL and,

at all relevant times, employed and/or jointly employed Plaintiff and similarly situated
employees,

JURISDICTION AND VKNVK

56.

This Court has subject matter jurisdiction with respect to Plaintiff's federal claims

pursuant to 28 U.S.C, $ $ 1331 and 1337, and jurisdiction over Plaintiff's state law claims
pursuant to 28 U.S.C, $

57.

1367 (supplemental jurisdiction),

Plaintiff's state law claims are so closely related to Plaintiff's claims under the

Fair Labor Standards Act that they form part of the same case or controversy under Article III of
the United States Constitution.

58.

This Court also has jurisdiction over Plaintiff's claims under the FLSA pursuant

to 29 U.S,C. $ 216(b),

59.

Upon information

and belief, there are more than 100 members

of the

proposed

class in the aggregate.

60.

MLB is subject to personal jurisdiction in New York.

61.

MLB maintains an office at 245 Park Avenue, New York, New York.

62.

This Court is empowered to issue a declaratory judgment pursuant to 28 U,S.C,

g$ 2201 and 2202.

63.

Venue is proper in the Southern District

of New York

pursuant to

28 U.S,C. $ 1391(b) and (c) because MLB is subject to personal jurisdiction in the Southern
District

of New York

and a substantial

part

of the

events or omissions giving rise to the claims

occurred in this District,

CLASS ACTION ALLEGATIONS
64.
under Rule 23

Plaintiffs bring the Third, Fourth, and Fifth Causes of Action, NYLL claims,

of the Federal Rules of Civil Procedure,

on behalf

of themselves

and all persons

who have worked as unpaid volunteers for MLB in New York between August 7, 2007 and the

date of final judgment in this matter (the "Volunteer Class" ). The Volunteer Class includes all
unpaid volunteers who worked at the 2008 FanFest and other 2008 All-Star Game events, the

2013 FanFest and other 2013 All-Star Game events, and

all other

MLB activities, including

events run by the New York Yankees and the New York Mets since August 7, 2007,

65,

Excluded from the Volunteer Class are MLB, MLB's legal representatives,

10

officers, directors, assigns, and successors, or any individual who has, or who at any time during
the class period has had, a controlling interest in MLB; the Judge(s) to whom this case is
assigned and any member

of the Judges'mmediate

family; and all persons who will submit

timely and otherwise proper requests for exclusion from the Volunteer Class.

66.

The members

of the

Volunteer Class are so numerous that joinder

of all

members

is impracticable.

67.

Upon information

and belief, the size

of the Volunteer Class is more

than

2,000

individuals,

68.

MLB has acted or has refused to act on grounds generally applicable to the

Volunteer Class, thereby making appropriate

final injunctive relief or corresponding

declaratory

relief with respect to the class as a whole.

69.
predominate

Common questions

of law

and fact exist as to the Volunteer Class and

over any questions affecting only individual

members

of the Volunteer Class,

and

include, but are not limited to, the following:

(a)

Whether MLB has a policy or practice of failing to pay Plaintiff and the members
of the Volunteer Class the minimum wage for all hours worked in violation of
NYLL Art. 19, $ $ 650 et seq., and the supporting New York State Department of
Labor regulations, N.Y. Comp. Codes R. & Regs. tit. 12, $ 142 et seq., as alleged
herein;

(b)

Whether MLB failed to comply with the notice and recordkeeping
of the NYLL;

(c)

Whether MLB's unlawful wage and hour policies or practices as alleged herein
were instituted willfully or with reckless disregard for the law; and

(d)

The nature and extent of class-wide injury and the measure
injuries.

70.

Plaintiff's claims are typical of the claims of the Volunteer Class he seeks to

represent.

11

requirements

of damages

for those

71,
compensation

Plaintiff and all Volunteer Class members were subject to the same or similar
policies and practices of MLB. Plaintiff and the Volunteer Class have all

sustained similar types

72.

of damages

as a result

of MLB's

failure to comply with the NYLL,

Plaintiff will fairly and adequately represent and protect the interests of the

Volunteer Class. Plaintiff has retained counsel competent and experienced in complex class

actions and employment

There is no conflict between the Plaintiff and members

litigation.

of the

Volunteer Class,

73.
adjudication

A class action is superior to other available methods for the fair and efficient

of this litigation. The

entitled to recovery as a result

procedures and as a result
suffered by individual

members

of the Volunteer Class

of MLB's common and

of MLB's

violation

have been damaged and are

uniform policies, practices, and

of the NYLL.

Although the relative damages

Volunteer Class members are not de minimis, such damages are small

compared to the expense and burden

of individual prosecution of this litigation,

plaintiffs lack the financial resources to conduct a thorough examination

Individual

of MLB's

compensation

practices and to prosecute vigorously a lawsuit against MLB to recover damages stemming from
such practices. In addition, class litigation is superior because it will prevent unduly duplicative

litigation that might result in inconsistent judgments about MLB's practices.

74.

This action is properly maintainable

as a class action under Federal Rule of Civil

Procedure 23 (b)(3),

COLLECTIVE ACTION ALLEGATIONS
75,

Plaintiff brings the First and Second Causes of Action, the FLSA claims, on

behalf of himself and all persons who have worked as unpaid volunteers for MLB between
August 7, 2010 and the date

of final judgment

in this matter (the "Volunteer Collective"

).

MLB is liable under the FLSA for, inter alia, failing to properly compensate

76.

Plaintiff and the members

of the

Volunteer Collective consists
all by MLB in violation

supervised notice

Volunteer Collective. Upon information and belief, the

of many similarly situated

of the FLSA

of the lawsuit

individuals

who have not been paid at

and who would benefit from the issuance

and the opportunity

of a court-

to join the lawsuit. Those similarly situated

collective members are known to MLB, are readily identifiable, and can be located through

MLB's records. Notice should be sent to the members of the Volunteer Collective pursuant to

29 U.S.C. |I 216(b).

CLASS-WIDE FACTUAL ALLEGATIONS
Plaintiff and the members of the Volunteer Class and Collective defined above

77,

(collectively, "Volunteer Class Members" ) have been victims
perpetrated

of a common policy

and plan

by MLB that has violated their rights under the FLSA and the NYLL by denying

them minimum

wages.

78.

MLB assigned Volunteer Class Members work that benefitted MLB.

79.

Volunteer Class Members received no educational benefits from their work form

80,

The work that Volunteer Class Members performed would have been performed

MLB.

by paid workers had MLB not solicited and accepted free labor from the Volunteer Class

Members,

81,

At all times relevant, MLB's unlawful conduct, policies, and patterns or practices

described in this Class Action Complaint have been willful,

82.

MLB has intentionally,

willfully, and repeatedly harmed Plaintiff and the

Volunteer Class Members by engaging in a pattern, practice, and/or policy

13

of violating

the FLSA

and/or the NYLL as described in this Class Action Complaint.

83.

MLB has failed to pay wages for all hours worked to Plaintiff and the Volunteer

Class Members.

84.

MLB failed to pay Plaintiff and the Volunteer Class Members minimum wages

for all hours worked,
85,

MLB failed to keep accurate or adequate records of hours worked by Plaintiff and

the Volunteer Class Members as required by the FLSA and the NYLL.

86.

MLB's unlawful conduct described in this Class Action Complaint has been

pursuant to a corporate policy or practice

of minimizing

labor costs and maximizing

denying Plaintiff and the Volunteer Class Members compensation

in violation

profits by

of the FLSA and

NYLL.

87.

MLB's unlawful conduct has been widespread, repeated, and consistent.

88.

MLB's unlawful conduct, as set forth in this Class Action Complaint, has been

intentional,

willful, and in bad faith, and has caused significant damages to Plaintiff and the

Volunteer Class Members.

89.

MLB's deceptive conduct prevented Plaintiff

and the Volunteer Class Members

from discovering or asserting their claims any earlier than they did.

90.

Among other duties, the Volunteer Class Members staffed the activities at

FanFest that MLB's customers paid to attend. These activities included, but were not limited to:

ALL-STAR CLUBHOUSE - Presented by Majestic (Visit the Clubhouse and feel like a Major
Leaguer. See the official Majestic game uniforms of the 2013 MLB All-Stars and join us for

Q&A sessions with MLB Legends and Hall of Fame players); ALL-STAR DUGOUTPresented by Gatorade (Watch the events unfold on the Diamond from an All-Star's point of

14

view in the All-Star Dugout); ALL-STAR VIDEO GAME ZONE - Presented by Blockbuster

(Think

you'e got

what it takes to be crowned king

of the

diamond?! Swing by the MLB

The ShowTM interactive and take a swing for a chance to play MLB

13

13

The ShowTM on field

during the official Home Run Derby at Citi Field in New York); THE DIAMOND - Presented by

T-Mobile (Play on the mini Diamond and participate in baseball clinics hosted by coaches,
managers, MLB legends and current stars, Also, check out the daily MLB Mascot Home Run

Derby); FAMILY FIELD - Presented by Kellogg's (Take your picture on your own trading card,
participate in baseball training drills, and enjoy some Kellogg products in the snack zone);

FANFEST BATTING PRACTICE - Presented by Gillette and Head & Shoulders (Practice like
the pros, and test out your All-Star swing in these state-of-the-art batting cages); FANFEST

ENTERTAINMENT AREA (Stop by and enjoy daily themed entertainment

including bands,

DJs, dance groups and more); FANFEST FIELDING PRACTICE - Presented by One A Day
(Grab a glove and get ready to field ground balls, fly balls and line drives with authentic Wilson
gloves at the fielding cages); FANFEST TIRE TRYOUT - Presented by Firestone (Strengthen
your big league bunting and throwing skills by aiming at Firestone tire targets); FAST RELIEF

PITCH (Step up to the pitcher's mound and test your arm strength while trying to throw your
fastest pitch); FIELDS OF PLAY - Presented by Scotts (Learn from Scotts experts about Major

League Baseball fields and maintenance

of the greatest

lawns in the game); HOME RUN

DERBY - Presented by Chevy (Ever dreamed of hitting one out of the park? Here's your chance
to step up to the plate and hit a home run over the T-Mobile All-Star FanFest outfield wall in
I-lome Run Derby style); HOMETOWN HEROES

baseball in New York. View a collection

—

Presented by Duane Reade (Visit a tribute to

of memorabilia

and artifacts from

Mets'istory. Stand

in an amazing life size team photo and give your best home team member pose);

15

INFORMATION CENTER (Upon entering T-Mobile All-Star FanFest, get information on all
events and appearances

and find out how to obtain Fast Pass Lane tickets and bracelets); LIVE

RADIO AUTOGRAPH STAGES (Come and listen to your favorite local broadcasts, meet
baseball Legends and obtain free autographs); MLB.COM (Watch daily live broadcasts of

mlb.corn on our incredible stage as broadcasters conduct live interview sessions with current and
former players, coaches, managers and MLB executives); MLB NETWORK (Fans join MLB

Network "on set" as part

of the MLB Network photo experience); MINOR LEAGUE

BASEBALL - Presented by New Era (View New Era caps from all 160 Minor League

Baseball clubs on the MLBASFF Minor League Cap Wall while locating the teams on the
massive Map Wall); THE NEGRO LEAGUES - Presented by Budweiser (Leam about the
incredible history

of the Negro Leagues,

and pay tribute to some

of the game's finest

and most

noble players from the league including the great Jackie Robinson); POINTS OF SWEAT—

Presented by Gatorade (Thirsty from testing your All-Star skills? Stop by and grab a drink at one

of the

many stations located around the show floor); ROOKIE LEAGUE - Presented by Party

City (Younger fans can test their skills on tailgate toss, batting cages and throwing challenges,

Also, our magical face painters and balloon twisters will be there to make the experience even
more fun!); STEAL A BASE, STEAL A TACO - Presented by Taco Bell (Compete against your

favorite MLB base runners and try to steal second base. Make sure you pick up your Taco Bell

coupon after you win the race); UNDER ARMOUR PERFORMANCE CENTER (Test your
skills like the pros on this mini Under Armour baseball diamond complete with workout stations
including base running, fielding agility and vertical leap challenges); WORLD'S LARGEST

BASEBALL (Come take a photo with the World's Largest Baseball signed by Ted Williams,
Hank Aaron, Derek Jeter, Yogi Berra, Willie Mays and others),

16

91.

Volunteer Class Members performed similar unpaid work at the 2008, 2011, and

2012 FanFest and other All-Star Game activities,
92.

In order to participate in the 2013 FanFest, MLB required Volunteer Class

Members to pass a Major League Baseball background check, which was processed by MLB,
and attend an information

93.

session at Citi Field.

MLB required Plaintiff and other Volunteer Class Members to attend mandatory

orientation sessions.

94,

At the 2013 two-hour orientation session, Volunteer Class Members received

their "Player Stat Sheets" that detailed their volunteer assignments

and duties; received the

"Volunteer Quick Reference Guide"; met their Team Captains; received their volunteer
credentials; and trained for specific responsibilities

of their assigned positions.

PLAINTIFF'S FACTUAL ALLEGATIONS
95,

Consistent with its unlawful policies and practices, MLB subjected Plaintiff to

conduct.

unlawful

17 hours for MLB.

96.

As an unpaid volunteer, Plaintiff worked approximately

97.

MLB paid Plaintiff no wages.

98.

Plaintiff attended a mandatory one-hour information session at Citi Field on June

1, 2013.
99,

Plaintiff attended a mandatory two-hour orientation session at the Javits Center on

July 10, 2013.

100,

Volunteers could be assigned to one

of three shifts each

day over the five-day All-

Star Weekend: 8:00 a.m, to 1:00 p.m,; noon to 5;00 p,m,; or 4:00 p.m. to 8:00 p.m,

101,

Plaintiff worked three shifts at FanFest at the Javits Center in Manhattan.

17

102,

MLB required Plaintiff to report for his first shift on Friday, July 12, 2013 at 3:30

p,m, even though his shift started at 4:00 p.m.

103.
approximately

After requiring Plaintiff and other unpaid volunteers to sit and wait for
an hour, MLB gave Plaintiff his assignment

and informed him

of his

responsibilities,

104,

From approximately

stamped the wrists

of FanFest

4:45 p.m. through 8:00 p,m. on July 12, 2013, Plaintiff

customers after they had a signed a liability waiver at the Fast

Pitch station,

105.

4:00 p,m,

At Plaintiff's second volunteer shift, on Saturday, July 13, 2013, which began at

and ended at

106,

8:00 p.m,, Plaintiff performed three separate activities.

Plaintiff handed bags of FanFest paraphernalia

to customers at the FanFest

entrance.

107.

Plaintiff also sat in a room placing paper flyers in bags.

108.

Plaintiff also stood at the FanFest entrance and redirected people if they attempted

to exit FanFest through the entrance,

109,

Plaintiff's third volunteer shift began at 7:30 a.m. on Tuesday, July 16, 2013 and

ended at 1:00 p.m,

110. During Plaintiff's

third shift, he alphabetized

liability waivers signed by FanFest

attendees.

111. Plaintiff also worked

at a fielding station, which consisted

of five machines

that

shot soft baseballs at customers at different speeds and angles to test their fielding skills.

112.

Plaintiff was responsible for instructing customers to deposit the balls that they

fielded into buckets before moving on to the next station.

18

FIRST CAIJSK OF ACTION
Minimum Wages
Fair Labor Standards Act —
(Brought on behalf of Plaintiff and the Volunteer Collective)
113,

Plaintiff re-alleges and incorporates by reference all allegations in all preceding

paragraphs.

114.

MLB has engaged in a widespread pattern, policy, and practice of violating the

FLSA, as detailed in this Class Action Complaint.

115. The
and the supporting

minimum

wage provisions set forth in the FLSA, 29 U.S.C. (II 201 et seq.,

federal regulations,

apply to MLB and protect Plaintiff and the members

of

the Volunteer Collective.

116. At all relevant times, Plaintiff

and the members

of the

Volunteer Collective were

employed by an entity engaged in commerce and/or the production or sale of goods for

commerce within the meaning

of 29 U.S,C, $ ) 203(e), (m),

engaged in commerce and/or the production or sale

and 206(a), and/or they were

of goods for commerce

within the meaning

of 29 U.S.C. )( 203(e), (r), and (s).
117,
employees

At all relevant times, Plaintiff and the members

of MLB within

118,
the production

119,

the meaning

of the

Volunteer Collective were

of 29 U.S.C. ) 203(e).

At all relevant times, MLB has been an enterprise engaged in commerce and/or

of goods for commerce

within the meaning

of 29 U,S.C. $ $ 203(e), (r), and (s).

At all relevant times, MLB employed Plaintiff and the members

of the

Volunteer

Collective within the meaning of 29 U.S.C, $ 203(g),

120.

MLB has engaged in a policy and/or practice of failing to pay Plaintiff and the

Volunteer Collective the applicable minimum wage for all hours they suffered or permitted them

to work.

19

121.

As a result of these minimum wage violations, Plaintiff and the members of the

Volunteer Collective have suffered damages in amounts to be determined at trial, and are entitled

of such

to recovery

amounts, liquidated damages, prejudgment

and other compensation

122.

pursuant to 29 U,S.C, $

interest, attorneys'ees,

costs,

216(b).

MLB's unlawful conduct, as described in this Class Action Complaint, has been

willful and intentional.

MLB was aware or should have been aware that the practices described

in this Class Action Complaint are unlawful.

MLB has not made a good-faith effort to comply

of Plaintiff

with the FLSA with respect to the compensation

and the members

of the Volunteer

Collective.

123.
limitations

Because MLB's violations of the FLSA have been willful, a three-year statute of

applies, pursuant to 29 U,S,C. $ 255.

124.

Members

of the

Volunteer Collective are entitled to collectively participate in this

action by choosing to "opt-in" and submitting written Consents to Join this action, 29 U.S.C. (

216(b).
SECOND CAUSE OF ACTION
Fair Labor Standards Act —
Recordkeeping Violations
(Brought on behalf of Plaintiffs and the Volunteer Collective)

125.

Plaintiff re-alleges and incorporates by reference all allegations in all preceding

paragraphs.

126.
and members

MLB failed to make, keep, and preserve accurate records with respect to Plaintiff

of the

Volunteer Collective, including hours worked each workday and total hours

worked each workweek, as required by the FI.SA, 29 U.S.C, $ 211(c), and supporting federal
regulations.

20

THIRD CAUSE OF ACTION
Minimum Wage
New York Labor Law Article 19 —
on behalf of Plaintiff and the Volunteer Class)
(Brought

127.

Plaintiff re-alleges and incorporates by reference all allegations in all preceding

paragraphs.

128.

MLB failed to pay Plaintiff and the members of the Volunteer Class the minimum

wages to which they are entitled under the NYLL.

129.

MLB has engaged in a widespread pattern, policy, and practice of violating the

NYLL, as detailed in this Class Action Complaint.

130.

At all times relevant, Plaintiff and the members

employees and MLB has been an employer within the meaning
and the supporting

131. The

minimum

New York State Department
members

of Labor

New York State Department
wage provisions

of Labor

of the

Volunteer Class have been

of NYLL

190, 651(5), 652

Regulations,

of Article 19 of the NYLL

regulations

$$

and the supporting

apply to MLB and protect Plaintiff and the

of the Volunteer Class.

132.
minimum

MLB was required to pay Plaintiff and the members of the Volunteer Class a

wage at a rate

of (a) $ 7,15 per

hour for all hours worked from January 1, 2007 through

July 23, 2009; and (b) $ 7.25 per hour for all hours worked from July 24, 2009 through the

present, under NYLL

f 652 and

the supporting New York State Department

of Labor

regulations.

133.

MLB failed to pay Plaintiff and the members of the Volunteer Class minimum

hourly wages for all hours worked to which they are entitled under the NYLL and the supporting

New York State Department

134.

of Labor

regulations.

By MLB's knowing or intentional failure to pay Plaintiff'and the members of the

21

Volunteer Class minimum

hourly wages for all

of the hours they worked, MLB has

willfully

violated the NYLL Art, 19 g) 650 et seq, and the supporting New York State Department

of

Labor regulations.

135.

Due to MLB's violations

of the NYLL, Plaintiff

and the members

of the

Volunteer Class are entitled to recover from MLB their unpaid wages, liquidated damages,
reasonable attorneys'ees,

costs, and pre-judgment

and post-judgment

interest,

FOURTH CAUSE OF ACTION
Recordkeeping Violations
New York Labor Law Article 19 —
(Brought on behalf of Plaintiff and the Volunteer Class)

136.

Plaintiff re-alleges and incorporates by reference all allegations in all preceding

paragraphs.

137,

MLB failed to make, keep, and preserve accurate records with respect to Plaintiff

and the Volunteer Class Members, including hours worked each workday and total hours worked

each workweek, as required by NYLL $ 661 and supporting regulations.

FIFTH CAUSE OF ACTION

Notice and Recordkeeping Violations
New York Labor Law Article 6 —
(Brought on behalf of Plaintiff and the Volunteer Class)

138.

Plaintiff re-alleges and incorporates by reference all allegations in all preceding

paragraphs.

139.

MLB failed to make, keep, and preserve accurate records with respect to Plaintiff

and the Volunteer Class Members, including hours worked each workday and total hours worked

each workweek, as required by NYLL

140.

) 195(4) and

supporting

regulations.

MLB failed to provide Plaintiff and the Volunteer Class Members a notice

containing the rate or rates
required by NYLL $

of pay

and basis thereof, the regular pay day, and other information

195(1)(a).

22

141.

MLB failed to provide Plaintiff and the Volunteer Class Members a statement

of wages, as required

with every payment

142,

Due to MLB's violations

by NYLL $

195(3).

of the NYLL, Plaintiff

and the members

of the

Volunteer Class are entitled to recover from MLB statutory damages for each work week that

each violation occurred, as well as reasonable attorneys'ees,

costs, and pre-judgment

and post-

judgment interest, pursuant to NYLL $ 198.

PRAYER FOR RELIEF

WHEREFORE, Plaintiff, on his own behalf and on behalf of all other similarly
situated persons, seeks the following relief:

That, at the earliest possible time, Plaintiff be allowed to give notice

of this

collective action, or that the Court issue such notice, to the members of the Volunteer Collective,

as defined above, Such notice shall inform them that this civil action has been filed, of the
nature

of the action,

and

of their right to join

this lawsuit

if they believe

they were denied proper

wages;

B.

Unpaid minimum

wages and an additional and an equal amount as liquidated

damages pursuant to the FLSA and the supporting

United States Department

of Labor

regulations;

C.
supporting

Unpaid minimum

)

wages pursuant to NYLL Art. 19, $ 650 et seq., and the

New York State Department

of Labor

regulations,

and an additional and equal

amount as liquidated damages pursuant to NYLL $ 663;

D,

Statutory damages for MLB's notice and recordkeeping

violations pursuant to

NYLL Art, 6, $ ) 190 et seq.;
Certification of the Volunteer Class set forth above pursuant to Rule 23 of the

23

Federal Rules

of Civil Procedure;
of Plaintiff as class representative of the Volunteer Class,

Designation
designation

of counsel of record

as Class Counsel, and a reasonable incentive payment to

Plaintiff;
Pre-judgment

H.

Issuance

interest and post-judgment

of a declaratory judgment

interest;

that the practices complained

of in this

Class Action Complaint are unlawful under NYLL Art, 6, $ $ 190 et seq., NYLL Art. 19, $ $ 650
et seq., and the supporting

New York State Department

of Labor regulations;

An injunction requiring MLB to pay all statutorily required wages pursuant to
the NYLL and an order enjoining MLB from continuing or reinstating their unlawful policies
and practices as described herein with respect to the Class and Collective set forth above;

Reasonable attorneys'ees

and costs

of the action;

Such other relief as this Court shall deem just and proper.

DEMAND FOR TRIAL BY JURY
Pursuant to Rule 38(b)

by jury on all questions

of fact

of the

Federal Rules

of Civil Procedure,

Plaintiffs demand a trial

raised by this Class Action Complaint.

Dated; New York, New York
August 7, 2013
Respectfully submitted,

OUTTKN A GOLDEN LLP

By:

r'
ti

. wartz

OUTTKN

4 GOLDEN

Justin M, Swartz

24

LLP

Juno Turner
Michael N. Litrownik
3 Park Avenue, 29th Floor
W.ew. York., khan Yerk.3 CIl6
Telephone: [phone]
Attorneys for P/aintiff and the Class

.

25

EXHIBIT A

CONSENT TO JOIN LAWSUIT FILED UNDER THE FEDERAL
FAIR LABOR STANDARDS ACT

I consent to become a party plaintiff in this lawsuit against Major League Baseball and
related entities,

Signature:

Print name:

C.iACN

pl2 lip