MLB Volunteers Not Employees Under FLSA, Court Rules

April 14, 2014

Volunteers who perform services for an “amusement or recreational establishment,” which operates for less than seven months of the year, are not entitled to be paid minimum wage under FLSA, a Southern District of New York court ruled this week. The lawsuit was brought by volunteers who had worked  MLB’s All-Star Week FanFest. The court rejected the plaintiffs’ assertion that they actually worked for MLB, and not FanFest, which  lasted only  five days. Volunteers at FanFest were paid in “in-kind benefits,” including free admission, sporting goods, and the chance to win tickets to the All-Star game.

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