In the wake of a recent trial court decision finding that minor league baseball players are year-round employees, California State Senator Josh Becker has introduced legislation proposing that California enact the Minor League Baseball Players’ Bill of Rights.

Commenting on his proposed legislation Senator Becker stated, “I introduced Senate Bill (SB) 1248 to create the Minor League Baseball Players’ Bill of Rights and to clear the way for better wages, better treatment and fair contracts for these athletes. It’s only fitting that the legislative movement for Minor Leaguers’ rights begins in California.”

SB 1248 would define a minor league baseball player as a person who is employed to play baseball for a minor league team that is affiliated with a major league baseball team and who plays, resides, or is employed in California. It would drastically reduce the current seven (7) year time period that a minor league player can remain under a Major League Baseball team’s contractual control. It would expressly prohibit an employment contract entered into on and after January 1, 2023, from having a term in excess of 4 years.

Using similar legislation to the California bill signed into law by Governor Newsom in 2021 which granted college athletes the right to market and profit from their name, image, and likeness as a model, this bill would require that minor league player employment contracts permit a player to use his name, image, or likeness as he sees fit, the legal right to receive compensation for that use, and any such provision prohibiting such use would be void and unenforceable. SB 1248 would also protect a player’s exercise of the right to use his name, image, or likeness by prohibiting retaliation in any form against a player as a consequence of the exercise of this right.

Becker further commented, “Baseball is called America’s pastime and Minor Leaguers are just asking for what every American worker wants. These players are asking for fair treatment and the opportunity to make a decent living under decent conditions.”

Jackson Lewis continues to track legislation affecting employers. If you have questions about this legislation or issues related to name, image, and likeness regulations contact a Jackson Lewis attorney or any member of the firm’s Collegiate and Professional Sports Practice Group to discuss further.

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Photo of Gregg E. Clifton Gregg E. Clifton

Gregg E. Clifton is a Principal in the Phoenix, Arizona, office of Jackson Lewis P.C. He is Co-Leader of the Collegiate and Professional Sports Practice Group and serves as the editor of the firm’s sports law blog.

Mr. Clifton has extensive experience in…

Gregg E. Clifton is a Principal in the Phoenix, Arizona, office of Jackson Lewis P.C. He is Co-Leader of the Collegiate and Professional Sports Practice Group and serves as the editor of the firm’s sports law blog.

Mr. Clifton has extensive experience in the collegiate and professional sports world. He has advised numerous professional franchises on general labor and employment issues, including Title III ADA regulatory compliance and wage and hour issues. He serves as lead counsel for several Major League Baseball teams in their salary arbitration matters and has represented NCAA and NAIA collegiate clients regarding rules compliance, investigatory matters and in disciplinary hearings. In addition, he has handled Title IX investigations and compliance issues for NCAA and NAIA member institutions. Mr. Clifton has also worked extensively in the area of agent regulation and enforcement in professional and college sports and regularly provides counsel on issues relating to NCAA and NAIA amateurism issues and athlete eligibility questions. He has also served as an expert witness in matters involving sports agents’ work and responsibilities, as well as athlete compensation issues.

Prior to joining Jackson Lewis, he spent six years as Chief Operating Officer and Vice President of Team Sports for Gaylord Sports Management. He also served as President of the Athlete and Entertainment Division for famed sports attorney Bob Woolf’s firm, Woolf Associates, in Boston.

Mr. Clifton began his career as an Associate at Jackson Lewis where he focused his practice on traditional labor law. He continues to counsel clients in the areas of collective bargaining negotiations, representation cases, arbitrations and National Labor Relations Board matters.

Mr. Clifton frequently serves as an expert speaker to law schools, including Harvard University, Boston College, Hofstra University and Arizona State University, and bar associations regarding sports law issues, including agent regulation and salary arbitration. He is also often cited as an expert source in national news media for his commentary and opinion on legal issues in sports.