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NBA has force majeure clause; talks ongoing

NBA players had not missed a paycheck through April 1, but the league has a force majeure provision in its collective-bargaining agreement that gives it the right to withhold player salaries due to various disasters outside of league control, including an epidemic.

Most NBA players are paid twice a month over 12 months. As of April 1, the league had not issued its force majeure provision, which is a topic of discussion between the players union and the league.

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“It is not an easy decision,” a source said of the league having to decide to cancel games and potentially cost players paychecks.

According to the CBA’s force majeure provision, each game missed could cost players roughly 1/92 of pay, which consists of 82 regular-season games, five preseason games and 5 1/2 playoff games.

Discussions were ongoing last week between the NBA and the National Basketball Players Association over the player pay issue. The talks come as the NBPA started the process of finding a successor for Executive Director Michele Roberts, who has said she will not remain in the post beyond her current term that expires in 2022. And they come as reports last week said that top NBA executives were taking a 20% pay cut.

Major League Baseball and the MLB Players Association worked out the thorny issue of player pay in their agreement after about two weeks of negotiations. In baseball, the collective-bargaining agreement also accounts for a catastrophe and that was triggered when President Donald Trump declared a national emergency last month. 

The NBA’s season suspension came near the end of its 82-game season, while MLB had to postpone its Opening Day with no clear date of continuing. But agreements on how players will be paid in the event of missed games can pave the way on how MLB can start and the NBA restart their respective seasons.

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