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Leagues and Governing Bodies

Judge Dismisses FanFest Volunteer Suit Against MLB Seeking Lost Wages

Manhattan federal Judge John Koeltl "tossed a class-action lawsuit filed against MLB in August by John Chen of Queens, who alleged he and the other 2,000 volunteers who staffed last July’s All-Star Game FanFest at the Javits Center should be paid for work they did," according to Rich Calder of the N.Y. POST. Koletl ruled that MLB "wasn’t required to pay Chen and the other volunteers because FanFest by law is deemed an 'amusement or recreational establishment' that’s 'exempt' from federal minimum-wage requirements." Chen "was seeking lost wages for the 17 hours he worked." The suit "also sought a court order to stop MLB from soliciting future work from unpaid volunteers and alleged the league also violated labor laws with similar practices at previous All-Star FanFests." Outten & Golden Class Action Practice Group co-Chair & Partner Justin Swartz, who reps Chen, said that he "does not consider the judge’s ruling a 'setback,' adding he now plans to take the fight to state court" (N.Y. POST, 3/27).

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