john chen v. major league baseball

8/22/2019 John Chen v. Major League Baseball

1/22

JS 44C/SDNYREV. 7/2012

CIVIL COVE44 civil coversheetand the informafsLContained henpleadings or other papers as required byJudicial Conference of the United States ifinitiating the civildocket sheet. ^

cvither replace nor supplement the.'except as provided by local rules ofcourt. This forrh,ptember 1974,is required foruse ofthe ClerkofCourt'fa rg and" ervi!T>fapproved by thethe purpose of 4


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(PLACE AN x IN ONEBOXONLY)1 Original f j 2 Removed from LJ 3 RemandedProceeding State Court from Reopened (Specify District)

I I a. all parties represented Appellate' CourtI | b. Atleast one

party is pr o se .

ORIGINI | 4 Reinstated or | | 5 Transferred from

(PLACE AN x IN ONE BOX ONLY) BASIS OF JURISDICTION 1 U.S. PLAINTIFF 2 U.S. DEFENDANT |X] 3 FEDERAL QUESTION Q4 DIVERSITY(U.S. NOT A PARTY)CITIZENSHIP OF PRINCIPAL PARTIES (FORDIVERSITY CAS^ ONLY)

(Place an [X] inone box for Plaintiffand one box forDefendant)CITIZEN O R S U BJ E CT O F A

FORE IGN COUNTRYPT F DEF[ ]3 [ ] 3PT F DEFCITIZEN OF THIS STATE [ ] 1 [ ] 1

CITIZEN OF ANOTHER STATE [ ] 2 [ ] 2 INCORPORATED or PRINCIPAL PLACE [ J 4 [ ) 4OF BUSINESS IN THIS STATE

PLAINTIFF(S)ADDRESS(ES) ANDCOUNTY(IES)John Chen, Queens County

DEFENDANT(S) ADDRESS(ES) ANDCOUNTY(IES)The Office of the Commiss ione r of Basebal l245 Park Ave, 31 st FloorNew York, NY 10167

DEFENDANT(S) ADDRESS UNKNOWNREPRESENTATION IS HEREBY MADE THAT, AT THIS TIME, IHAVE BEEN UNABLE, WITH REASONABLE 0ILIGENCE, TO ASCERTAIN THERESIDENCE ADDRESSES O F T HE FOLLOWING DEFENDANTS:

Check one: THIS ACTION SHOULD BEASSIGNED TO: WHITE PLAINS(DO NOT check eitherboxif^his a PRISONER PETITION/PRISONER CIVIL RIGHTS COMPLAINT

I] 6 MultidistrictLitigation I I 7 Appeal toDistrJudge fromMagistrate JudJudgment

IFDIVERSITY, INDICATECITIZENSHIP BELOW.(28 USC 1332, 1441)

PTF DEFINCORPORATED and PRINCIPAL PLACE [ ] 5 [ ] 5OF BUSINESS IN ANOTHER STATEFOREIGN NMION I ]6 [ ]6

MANHATTAN

DATE 8/7/13 TTORNEY OF RECORD ADMITTED TO PRACTICE IN THIS DISTRICT[ I NOM YES (DATE ADMITTED Mo. Sept. Yr. _2002_)Attorney Bar Code It JS7989ECEIPT*

zr-yMagistrate Judge is to be designated by the Clerk of the Court.Magistrate Judge -. i ih^^ffima l!> so Designated.Ruby J. Krajick, Clerk of Court by Deputy Clerk, DATED.UNITEDSTATES DISTRICT COURT (NEW YORK SOUTHERN)


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OUTTEN & GOLDEN LLP,Justin M. SwartzJuno TurnerMichael N . L i tr own3 Park Avenue, 29thmoorNew York, New York 10016Telephone: 212-245-1000

5494IN THE UNITED STATES DISTR ICT COURT

FOR THE SOUTHERN DISTRICT OF NEW YORK

JOHN CHEN, on behalf of himself and allothers similarly situated,Plaintiff, CLASS ACTION COMPj^AINjr;en ?.:: r-iv. JURY TR I A L deivIanded -T

MAJOR LEAGUE BASEBALL; MAJORLEAGUE BASEBALL PROPERTIES, INC.;THE OFFICE OF THE COMMISS IONER OFBASEBALL, d/b/a/ MAJOR LEAGUEBASEBALL; and MAJOR LEAGUEBASEBALL ENTERPRISES, INC.

Defendants.

PlaintiffJohn Chen ("Plaintiff), individually andas a class representative on behalfofall others similarly situated, by his attorneys Outten & Golden LLP, makesallegations against Defendants Major League Baseball; Major League BaseballThe Office of the Commissioner ofBaseball, d/b/a/ Major League BaseballBaseball Enterprises, Inc. (collectively, "MLB"):

I N TRODUCT ION

1. MLB staffed its 2013 All-Star FanFest ("FanFesf), a lucrativecommercial operation that MLB promoted as "the largest interactive baseball

o . :o

o9? c2CT> - i

the followingProperties, Inc.;

and Major League

for-profittheme park in the


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*,world," and described as "baseball heaven on earth,"1 almost entirely with'not pay them any wages.

2. Through itswebsite, MLB recruited approximately 2000New York bywelcoming . . . guests [in other words, paying customers]and assisting inthe smooth operations ofallofthe [All-Star] events."

3. Instead of paying them fortheirwork, MLB, theworld's preje(minentbaseball league with annual revenue ofmore than seven billion dollars, prodded"a shirt, a capanda cinch drawstring backpack," free admission for theto FanFest, a water bottle, and a baseball. MLB allowed volunteers to "working hours and khaki shorts or pants

4. Through this action, Plaintiff seeks to (1) force MLB to stopaccepting work from unpaid volunteers, (2) allow those who cannot affordwork at FanFest and other events related to the All-Star Game, and (3) recoyall unpaid volunteers who performed work forMLB during the relevant

5. MLB's failure to pay its volunteers any wages violatedwage laws, which require employers to pay at leasttheminimum wage for"suffer or permit," and which exist to eliminate "labor conditions detrimentalof the minimum standard of living necessary for health, efficiency, and g

olunteers," and did

volunteers to "representfroitri around the world

professionalvolunteers with

volUiteer andoneguestwear sneakers during

3

soliciting andwork for free tooer unpaid wages for

periodfederal and state minimum

al l work that theyto the maintenance

en.eralwell-being of

1 See "MLBFanFest ToutedAs 'Baseball Heaven on Earth, "' CBS New2013, available at http://newvork.cbslocal.com/2013/07/10/mlb-fanfest-toilt^d- York, July 10,as-baseball-heaven-on-earth (last visited August 6, 2013).2 See http://mlb.mlb.com/mlb/events/all star/v2013/fanfest/faq.isp2013).3 See http://mlb.mlb.com/mlb/events/all star/v2013/fanfest/faq.jsp (12013).

(lasta:st

visited August 6,visited August 6,


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workers."

6. By failing to pay Plaintiff and thousands ofothers for their p^ddenied federal, state, and local governments significant tax revenue and deniedimportant benefits ofworking, including workers' compensation insurance,contributions, and, most importantly, the ability to earn a fair day's wage for

7. MLB also excluded New Yorkers and many others who couiyfor free.

8. Unpaid private-sector jobs damage the labor market and are asociety. As for-profit companies hire more unpaid workers, they hire fewerespecially entry-level workers.6 Reliance on unpaid labor leads to"an idealperpetuating and increasing inequality" among the economically advantagedjobseekers.

9. Unpaid jobs "depress[] wages bycreating anoversupply of pjejopl'not just for low wages, but literally for nothing." They also "undermine the

See 29 U.S.C. 202,203(g); N.Y. Lab. Law 2(7); Glatt v. Fox Searchlight.Inc.,No. 11 Civ. 6784, 2013WL 2495140 (S.D.N.Y. June 11, 2013) (unpaid"employees" and entitled to minimum wage under the Fair Labor Standardsprovide an immediate advantage to their employer performing low-level taskfespecialized training and they receive nothing approximating the educationan academic setting).5 See, e.g., Ross Perlin, Intern Nation: How to EarnNothingane} :the Brave New Economy, Verso Publishers (2012).SeeDavid L. Gregory, The Problematic Employment Dynamics ofStydent Internships, 12Notre Dame J.L. Ethics & Pub. Pol'y 227, 242 (1998).Daniel Akst, Op-Ed., UnpaidInternships? File Under "Hypocrisy,15, 2010, atA15, available at http://articles.latimes.eom/2010/iun/l 5/opinio^kinternships-20100615.

uctive work, MLBthe volunteers

social securitya fair day's work,not afford t o w ork

detr iment to

paid workers,system forand disadvantaged

e willing to workiheritocracy that

Pictures,interns a re^.ctwhere theythat do not require

would receive inheyL e a r n L i t t l e in

L.A. Times, Jun.a-oe-akst-


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Qallocates jobs and rewards people for their skills and gumption."10. MLB could have easily afforded to pay its FanFest workers.11. MLB charged adults $35.00 and children two years andoldej:

FanFest.912. Upon entering FanFest, paying customers could purchase a s^iall bag ofpotato

chips for $5.00 and a cup of lemonade for $7.50.1013. Thousands of adults and children attended FanFest between |i(ily 12and July 16,

4rs there.013, and, upon information and belief, spent hundreds of thousands of doll;14. Major LeagueBaseballProperties' Corporate Sales & Marketin

solicited lucrative corporate sponsorships byclaiming that "Baseball fans ofexpected to attend 2013 MLB All-Star FanFest, and your organization willto leverage the most eagerly awaited fan experience of the summer."1

15. Events during the five-day 2013 All-StarWeekend were spo)i|soredcorporations including T-Mobile, Taco Bell, SiriusXM, Gatorade, Majestic,Kellogg's, Gillette, Head & Shoulders, One A Day, Firestone, Scotts, Chevy,Era, Budweiser, Party City, and Under Armour, among others.

16. These corporate sponsorships earnedMLB significantreveniib17. According to MLB, the 2013 All-Star Game and related events, including

See Ross Eisenbrey, Economic Policy Institute, http://www.epi.org/]:

$30 .00 to enter

g departmentall ages are

nave the ideal venue

by largeBlockbuster,Duane Reade, New

l.og/unpaid-internships-scourge-labor-market/ (last visited August 6, 2013).9 See http://mlb.mlb.com/mlb/downloads/v2013/fanfest brochure.6,2013). pdf(last visited Augustavailable a t0 See "All-Star Festival Fleeces Fans, "NewYork Post, July 21,2013http://www.nypost.eom/p/sports/more sports/payto play U51JnqtgFCPx9JqyH2WJRyJ (last

visited August 6, 2013).1' See http://mlb.mlb.com/mlb/events/all_star/y2013/fanfest/fanfest sponsorship.jsp (lastvisited August 6, 2013).


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FanFest, brought approximately $191.5 million into the New York City ecojijjmy.1218. None of these millions ofdollars, however, ended up in the packets of the New

Yorkers whom MLB recruited to provide the labor necessary to prepare foro ther Al l -S t ar Game events.

arid r un F a nF es t a nd

logistics,9. MLB usedunpaid volunteers to assistwith"hospitality, evenjtcommunity events, and transportation."

20. At FanFest, MLB used volunteers to operate the 40 attraction'"included with the price of admission."15

21. Priorto FanFest, MLB required volunteers to attend an unpajcj mandatoryinformation session and an unpaid mandatory orientation session.

22. Inan email to Plaintiff and other volunteers, MLB told volurjt^ers that they were"cordially invited to attend our mandatory orientation."

23. If volunteers were unable to attend the unpaid mandatory orientation, theywerenot allowed to work at FanFest or other events.16

14 that were

24. MLB did not provide All-Star Game tickets to FanFest volurit^ersgave its more than 2000 volunteers the chance to win onepair of All-Star Glakne

12 See

, although ittickets, but only

http://minnesota.twins.mlb.com/news/article.jsp?ymd=:20130730&content_icl-55250430&vkevnews min&c id=min (last visited August 6, 2013).13 See http://mlb.mlb.com/mlb/events/all_star/v2013/fanfest/faq.jsp (last visited August 6,

baseball-heaven-on-2013).14 See http://newyork.cbslocal.com/2013/07/10/mlb-fanfest-touted-asearth/ (lastvisited August 6, 2013); http://mlb.mlb.com/mlb/downloads/y20ll3/fanfest map.pdf(last visited August 6, 2013). ast visited August

See http://mlb.mlb.com/mlb/events/all star/y2013/fanfest/faq .jsp (lajst visited August 6,15

16

2013).


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if they worked "three shifts atany of the All-Star events."1725. Instead, MLB also allowed volunteers theopportunity to "experience All-Star

Week" atFanFest at times that they were "not required towork."1826. MLBrefused to pay for volunteers' parking or transportatioii.27. In addition to FanFest, MLB recruited volunteers to work at

related events around New York City.2028. MLB also held its All-Star FanFest and related All-Star Garn1^ events in New

York, New York in 2008 and staffed them with unpaid volunteers.2129. 2008 volunteers were required to "attend at least one orientation session

pertaining to the event(s) for which they were assigned to (sic.)."2230. The work that 2008 volunteers performed included work at

FanFest, greeters, hospitality, office/clerical, information booth, event logisticstransportation."23

31. MLB required volunteers at the 2008 FanFest to work "a mil ium of three shifts

19

other All-Star Game-

DHL All-Star

and

tin;

17

2013).is

2013).19 See http://mlb.mlb.com/mlb/events/all star/y2013/fanfest/faq.jsp (12013)20

See http://mlb.mlb.com/mlb/events/all star/y2013/fanfest/faq.isp (lasi: visited August 6,See http://mlb.mlb.com/mlb/events/all_star/v2013/fanfest/faq,jsp (la(s| visited August 6,

a|st visited August 6,See http://mlb.mlb.com/mlb/events/all star/y2013/fanfest/faq.isp (la(s| visited August 6,

form.jsp (last visited2013).21 See http://newvork.yankees.mlb.com/nyy/fanforum/asg/volunteersAugust 6, 2013).22 See http://newvork.vankees.mlb.com/nvv/fan forum/asg/volunteersAugust 6, 2013).23 See http://newvork.yankees.mlb.com/nvv/fan forum/asg/volunteersAugust 6, 2013).

form.jsp (last visitedform.jsp (last visited


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(approximately 4 hours each)."32. MLB helditsAll-Star Game and related events in Phoenix, Arizona in 201125

and in Kansas City, Missouri in 2012.33. MLB staffed each of these All-Star FanFests and related events with unpaid

volunteers.2634. MLB required all of its unpaid volunteers between 2008 and 2^)13 to pass

background checks.35. MLB intends to repeat its unlawful practice by staffing future FanFests and

related All-Star Game events with unpaid volunteers.36. MLB plans to hold its 2014 All-Star Game inMinneapolis, lyjN37. Having identified a free workforce, MLB has invited 2013 unpaid

work for free at the 2014 All-Star events, including the 2014 All-Star FanF^t38. Plaintiffbrings this action onbehalfofhimselfand those sinji^larly situated who

elect to opt-in to this action pursuant to the Fair Labor Standards Act, 29 U("FLSA"), and specifically, the collective action provision of 29 U.S.C. MLB's violations of the wage-and-hour provisions of the FLSA that have

21

id vo lun te e rs t o27

C. 201 etseq.5(b), to remedy

deprived Plaint iff and

24 See http://newyork.yankees.mlb.com/nvv/fan forum/asg/volunteers form.jsp (last visitedAugust 6, 2013).25 See http://mlb.mlb.com/mlb/events/all_star/y2011/fanfest tickets JSJ)6,2013).26 See http://newvork.vankees.mlb.com/nvy/fan forum/asg/volunteersYork, NY) (last visited August 6, 2013);https://secure.mlb.com/mlb/events/all star/y2011 /volunteerform.jsp (2012).(last visited August 6, 2013).27 Seehttp://mlb.mlb.com/news/article.isp?vmd=20130730&content id=5525043f))fcvkey=news mlb&c id=mlb (lastvisited August 6, 2013); http://mlb.mlb.com/min/ticketing/stjhygen/allstar faq,isp(last visited August 6, 2013).

(last visited Augustbrm.jsp (2008, NewKansas City, MO)


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others similarly situated of their lawfully earned wages.39. Plaintiff also brings individualand representativewage claintik under the New

York Labor LawArt. 6, 190 etseq., Art. 19, 650etseq., andthe supporting NewYorkState Department of Labor Regulations, N.Y. Comp. Codes R. & Regs. tit.(collectively, "NYLL") as a class action pursuant to Fed. R. Civ. P. 23.

TH E P A RT IE SPlaint i f f John Chen

40. Plaint iff John Chen is an adult individual who resides in Regc Park, New York.41. Plainti ffworked for MLB at FanFest as an unpaid volunteer on June 1,2013 and

July 10,12,13, and 16,2013.42. MLB did not pay Chen any wages.43. Chen is a coveredemployee within the meaningof the FLSA44. Chen has consented tojointhis action by filing awritten Cogent to Join form,

attached her et o a s Exhibi t A.

Defendan t s

45. MLB is a single integrated enterprise that operates a professional baseball league.46. MLB employed Plaintiff and similarly situated volunteers.47. MLB consists of 30 teams that play in the American League

League aswell as agent corporations including Major League Baseball Pro^rtiMajor League Baseball Enterprises, Inc.

48. Eachyear, MLB organizes andputson anAll-Star Game thitplayers in each league.

49. TheAll-Star Game is preceded by fourdays of events, inclujdfng FanFest, staffedlargely by unpaid volunteers.

8

12, Part \A2etseq.

and t he NYLL .

and t he Na ti on al

ies, Inc. and

includes the top


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50. Events during the 2013 All-Star Weekend included the All-the All-Star Charity Concert, the Futures Game, the Legends & CelebritiesAll-StarWorkout Day, the HomeRunDerby,and the All-StarFanFest at theManhat tan.

51. Throughout the relevant period, MLB maintained control, o-\fersiover Plaintiff and similarly situated employees, including with respect to hiirlniemployment practices that applied to unpaid volunteers.

52. The Office of the Commissioner of Baseball is an unincorpbrtated association also

Star 5K & Fun Run,Sbftball Game, the

Javits Cen te r i n

ght, and directiong and other

doing business as Major League Baseball and has as its members the MajorClubs.

League Baseball

53. The All-StarGameand surrounding events,includingFanFejs^, wereunder thesupervision, control, and direction of the Commissioner ofBaseball and

54. MLB has applied the same employment policies, practices,including hiring criteria and failure to pay wages, to all unpaid volunteersover Al l-S ta r Weekend .

MLB

arid

whoprocedures,work fo r M LB

55. MLB is a covered employer within the meaning of the FLSAat all relevant times, employed and/or jointly employed Plaintiff and similaj-ryemployees.

JURI SD ICT ION AND VENUE

56. This Court has subject matterjurisdiction with respect to Plalihtiffs federal claimspursuantto 28U.S.C. 1331 and 1337, andjurisdictionover Plaintiffs state law claimspursuant to 28 U.S.C. 1367 (supplemental jurisdiction).

57. Plaintiffs state law claims are so closely related to Plaintiffs claims under the

and the NYLL and,s i tuated


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FairLabor Standards Actthat they formpart of the samecase or controversyt he Un it ed S ta te s Constitution.

under Article III o f

C L AS S A C TI ON A L LEGA T ION S

58. This Court also has jurisdiction over Plaintiffs claims underj tjhe FLSA pursuantto 29 U.S.C. 216(b).

59. Upon information and belief, there aremore than 100 memb^s of the proposedclass in the aggregate.

60. MLB is subject to personal jurisdiction in New York.61. MLB maintains an office at 245 Park Avenue, New York, NbW62. ThisCourt is empowered to issuea declaratory judgment pu^uant

2201 and 2202.63. Venue is proper in the Southern District ofNew York pursuant

28 U.S.C. 1391(b) and (c) because MLB is subject to personal jurisdiction:District ofNew York and a substantial part of the events or omissions giving rise to the claimsoccurred in this District .

York.

; to 28 U.S.C.

to

in t he Southern

64. Plaintiffs bring theThird, Fourth, andFifthCauses ofActioijiunder Rule 23 of the Federal Rules of Civil Procedure, on behalfof themsewho have worked as unpaid volunteers for MLB in New York between Audate offinal judgment in this matter (the "Volunteer Class"). The Volunteerunpaid volunteers who worked at the 2008 FanFest and other 2008 All-Star2013 FanFest and other 2013 All-Star Game events, and all other MLBevents run by the New York Yankees and the New York Mets since Augusj

65. Excluded from the Volunteer Class are MLB, MLB's legal

NYLL claims,es and all personslist 7, 2007and theClass includes all

10

J.v

Game events, theactivities, including

7, 2007.representatives,


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officers, directors, assigns, and successors, or any individual who has, or whOthe class period has had, a controlling interest in MLB; the Judge(s) to whofriassigned and any member of the Judges' immediate family; and all personstimely and otherwise proper requests for exclusion from the Volunteer Clasb

66. The members of the Volunteer Class are so numerous that joihder of all membersis impracticable.

67. Upon information and belief, the size of the Volunteer Classindividuals.

at any time duringthis case is

who will submi t

is more than 2,000

68. MLB has acted or has refused to act on grounds general lyVolunteer Class, thereby making appropriate final injunctive reliefor corre^ondreliefwith respect to the class as a whole.

69. Common questions of law and fact exist as to the Volunteerpredominateover any questions affectingonly individual members of the "Volunteer Class, andinclude, but are not limited to, the following:

(a)

applicable to theing declaratory

Class and

(b)

(c)

(d)

70.

represent.

Whether MLB has a policy or practice of failing to pay Plaintiffof the Volunteer Class the minimum wage for all hours workedNYLL Art. 19, 650 et seq., and the supporting New YorkLabor regulat ions, N.Y. Comp. Codes R. & Regs. tit. 12, herein;

i ff and the membersin violat ion o f$tateDepartment ofet seq., as alleged42

Whether MLB failed to comply with thenotice andrecordkeeping requirementsof the NYLL;Whether MLB's unlawful wage andhourpolicies or practices;were instituted willfully or with reckless disregard for the law:Thenature andextent of class-wide injury andthemeasure c^f damages for thoseinjuries.Plaintiffs claims are typical of the claims of the Volunteer C

11

as alleged herein, and

ass he seeks to


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71. Plaintiff and all Volunteer Class members were subject to the same or similarcompensation policiesandpracticesof MLB. Plaintiffand the VolunteerClasshave allsustained similar types of damages as a result ofMLB's failure to comply \yjth the NYLL

72. Plaintiff will fairly and adequately represent and protect theVolunteer Class. Plaintiff has retained counsel competent and experiencedactions and employment litigation. There is no conflict between the PlaintiVolunteer Class.

73. A class action is superior to other available methods for theadjudication of this litigation. The members of the Volunteer Class haveentitled to recovery as a result of MLB's common and uniform policies,procedures and as a result ofMLB's violation of the NYLL. Although thesuffered by individual Volunteer Class members are not de minimis, suchcompared to the expense and burden of individual prosecution of this litigplaintiffs lack the financial resources to conduct a thorough examinationpractices and to prosecute vigorously a lawsuit against MLB to recoversuch practices. In addition, class litigation is superior because itwill preventlitigation that might result in inconsistent judgments about MLB's practices

74. This action is properly maintainable as a class action underProcedure 23(b)(3).

COLLECT IV E ACT ION A L LEGA T ION S

interests o f the

in complex classf and member s o f the

fair and efficient

been damaged and arepractices, andrelative damagesdamages are smalla ti bn . I nd iv id u al

of MLB's compensationdanji^ges stemming from

unduly duplicative

Federal Rule ofCivil

75. Plaintiff brings the First and Second Causes ofAction, the FUSAbehalfof himselfand all persons who have worked as unpaid volunteers forAugust 7, 2010 and the date of final judgment in this matter (the "Volunteer

12

claims, onMLB between

Collective").


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76. MLB is liable under theFLSA for, inter alia, failing to prop^iflyPlaintiff and the members of the Volunteer Collective. Upon informationVolunteer Collective consists ofmany similarly situated individuals whoallbyMLB in violation ofthe FLSA and who would benefit from thesupervised notice ofthe lawsuit and the opportunity tojointhe lawsuitcollective members are known to MLB, are readily identifiable, and can beMLB's records. Notice should be sent to the members of the Volunteer Co

a id

have

issuance

compensatebelief, the

jenot beenpaidato f a court-

Th


16/22

91. Volunteer Class Members performed similar unpaid work at2012 FanFes t and o ther All -S ta r Game activities.

the 2008, 2011, and

92. In order to participate in the 2013 FanFest, MLB requiredMembers to pass a Major League Baseball background check, which wasand a ttend an i nf orma ti on s es si on a t Ci ti F ield .

Volunteer Class

processed by MLB,

93. MLB required Plaintiff and other Volunteer Class Members o attend mandatoryorientation sessions.

94. At the 2013 two-hour orientation session, Volunteer Classtheir "Player Stat Sheets" that detailedtheirvolunteerassignments andduties"Volunteer Quick Reference Guide"; met their Team Captains; receivedcredentials; and trained for specific responsibilities of their assigned positions

PLA INT IFF 'S FACTUAL ALLEGAT IONS

95. Consistent withits unlawful policies andpractices, MLB subjected Plaintifftounlawful conduct .

96. As an unpaid volunteer, Plaintiffworked approximately 17r^urs forMLB.97. MLB paid Plaintiff no wages.

Members receivedreceived the

thelii volunteer

98. Plaintiff attended a mandatory one-hour information session1,2013.

99. Plaintiff attended a mandatory two-hour orientation session at the Javits Center onJuly 10,2013.

100. Volunteers could be assigned to one ofthree shifts each day ^ver the five-day All-StarWeekend: 8:00 a.m. to 1:00 p.m.; noon to 5:00p.m.; or 4:00p.m. to 8:00 p.m.

101. Plaintiff worked three shifts at FanFest at the Javits Center iipi Manhattan.

17

at Citi Field on June


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102. MLB required Plaintiff to report for his first shift on Fridayp.m. even though his shift started at 4:00 p.m.

103. After requiring Plaintiff and other unpaid volunteers to sitapproximately an hour, MLB gave Plaintiff his assignment and informedresponsibilities.

104. From approximately 4:45 p.m. through 8:00 p .m. on July 12stamped the wrists ofFanFest customers after they had asigned aliabilityPitch station.

105. At Plaintiff s second volunteer shift, on Saturday, July 134:00 p.m. and ended at 8:00 p.m., Plaintiffperformed three separate

106. Plaintiff handed bags ofFanFest paraphernalia to customersen t r ance .

107. Plaintiff also sat ina room placing paper flyers inbags.108. Plaintiff also stood at the FanFest entrance and redirected

to exit FanFest through the entrance.109. Plaintiffs thirdvolunteer shiftbeganat 7:30 a.m. on

July 12,2013 at 3:30

and wait fo r

o f hisim

2013, Plaintiffijvaiver at the Fast

2013, which began atactivities

a t th e FanFest

ople if theyattemptede

Tuesday, July 16,2013 andended at 1:00 p.m.

110. During Plaintiffs third shift, he alphabetized liabilityattendees.

111. Plaintiff also worked ata fielding station, which consistedshot soft baseballs at customers at different speeds and angles to test their

112. Plaintiffwas responsible for instructing customers tofielded into buckets before moving ontothe next station.

18

waiveirs signed by FanFest

of five machines thatfielding skills,

deposit the balls that they


18/22

141. MLB failed to provide Plaintiff and the Volunteer Class Members a statementwith every payment ofwages, as required byNYLL 195(3).

142. Due to MLB' s violations of the NYLL, Plaintiff and the menders of theVolunteer Class are entitledto recover fromMLBstatutorydamagesfor eacJH workweek thateach violation occurred, as well as reasonable attorneys' fees, costs, and pre[^judgment interest, pursuant to NYLL 198.

PRA YE R FOR RE LI EF

WHEREFORE, Plaintiff, on his own behalf and on behalf o^ all other similarlysituated persons, seeks the following relief:

A. That, at the earliest possible time, Plaintiff be allowed tocollective action, or that the Court issue such notice, to the members of theas defined above. Such notice shall inform them that this civil action hasnatureof the action, and of their right to join this lawsuit if they believe theywages;

B. Unpaid minimumwages and an additional and an equaldamages pursuant to the FLSA and the supporting United States Departmenjregulations;

C. Unpaid minimum wages pursuant to NYLL Art. 19, supportingNew York State Department ofLabor regulations, and an additionalamount as liquidated damages pursuant to NYLL 663;

D. Statutory damages for MLB's notice and recordkeepingNYLL Art. 6, 190 et seq.;

E. Certification o f t he Volun tee r Class set forth above

udgment and post-

' ive notice o f this

yplunteer Collective,filed, of the

were denied properbeen

amount as liquidatedo f Labor

650 et seq., and theand equal

violations pursuant to

pursuant to Rule 23 of the

23


19/22

Federal Rules of Civil Procedure;F. Designation ofPlaintiff as class representative of the Volunteer

designation of counsel of record asClass Counsel, and a reasonable incentivePlaintiff;

G. Pre-judgment interest and post-judgment interest;H. Issuance of a declaratory judgment that the practices complained

Class Action Complaint are unlawful under NYLL Art. 6, 190 et seq., NYLLet seq., and the supporting New York State Department ofLabor regulations

I. An injunction requiring MLB to pay all statutorily require^the NYLL and an order enjoining MLB from continuing or reinstating theirand practices as described herein with respect to the Class and Collective set

J. Reasonable attorneys' fees and costs of the action;K. Such other relief as this Court shall deem just and proper.

DEMAND FOR TR I AL B Y JUR Y

Pursuant to Rule 38(b) of the Federal Rules of Civil Procedure, Plaiijtlffs demand a trialby jury on all questions of fact raised by this Class Action Complaint.Dated: New York, New YorkAugust 7, 2013

Respectfully submitted,OUTTEN & GOLDEN LLP

OUTTEN & GOLDEN LLPJust in M. Swar tz

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Class,payment to

o f in this

Art. 19, 650

wages pursuant tounlawful policies

brth above;


20/22

Juno TurnerMichael N. Litrownik3 Park Avenue, 29th FloorNew York, New York 10016Telephone: (212)245-1000Attorneysfor Plaintiffand the

25

Class


21/22

EXH IB I T A


22/22

CONSENT TO JOIN LAWSUIT FILED UNDER THE FEDERALFA IR L A BOR S TANDARDS A C T

/* I consent to become a partyplaintiffin this lawsuit againstMajorLeague Baseball andrelated entities.

Pr int name:

T 6HM Cvt

john chen v. major league baseball

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