California State Senator Josh Becker has introduced legislation to the State of California legislature to establish a “Minor League Players’ Bill of Rights.” Notably, California was one of the states minor leaguers achieved class action status in the case Senne v. Office of the Commissioner of Baseball over wages paid to minor leauge players. This case is still active.

The bill, SB1248, would provide the following for minor league players:

• Define a minor league player as anyone 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 the state” – a provision that would make those players subject to California labor laws, including those applying to compensation.

• Prohibit any initial player contract from lasting longer than four years. The provision enables the players to negotiate an individual contract after four years.

• Guarantee that players retain the rights to their name, image and likeness (NIL) without affecting their eligibility with the MLB or their Minor League team.

• Guarantee that players who exercise their NIL rights are not subject to retaliation.

As noted in the introduction of this bill, minor league players “have been exempt from the federal minimum wage and overtime protections of the Fair Labor Standards Act since 2018.” As a result, Major League Baseball has been able to institute policies such as not paying players a living wage, having minor league players earn a wage below federal and state minimum wage, and having most, if not all, minor leaguers living below the poverty line.

With respect to the provisions of this bill current Pittsburgh Pirates minor league catcher and member of the Advocates for Minor Leaguers Player Steering Committee, Joe Hudson said, “As a Minor League free agent, I’ve been able to make enough money to support my family year-round and live my dream of being a professional baseball player. This bill would allow more Minor Leaguers to be paid a fair wage sooner in their careers, and I strongly support it. It’s good for the players, and good for the long-term health of our game.”

It should be noted minor league player pay and living conditions are not collectively bargained, and they were not negotiated or contemplated during the current Collective Bargaining Agreement which was agreed upon after the lockout.

The bill will be debated during the spring, and if passed, it would likely not be put into effect until the 2023 season. While these are the initial provisions of the bill, it is subject to change during the legislative process, and it should also be noted its passing is far from a guarantee, especially with the lobbying efforts of Major League Baseball.