Sports theme dominates latest labor-law seminar

CNY Business Journal (1996+), Mar 18, 2005 by Dickinson, Casey J

SYRACUSE - Professional sports may look like more fun, than business, but state and federal labor laws still apply to the teams that employ high-paid athletes.

The March session of Mackenzie Hughes, LLP's Labor Law seminar series looked at the law surrounding the employment of professional athletes and how those issues relate to every business. Peter Carmen, chairman of Mackenzie Hughes' business-law department, took attendees through a sometimes humorous look at potential labor issues ripped from the sports pages.

"If you love sports, we're going to teach you some labor law," he told the attendees. "If you love labor law, we'll teach you some sports."

Indiana Pacers NBA basketball player Ron Artest captured national headlines after a Nov. 19, 2004, incident during a game in suburban Detroit. Artest charged into the stands to retaliate against a fan who had struck him with a cup of ice. The melee, which was captured on videotape, led to a crackdown on players and fans who brawled during the game. Carmen used Artest's incident to illustrate labor-law issues such as workplace violence, discipline issues, unemployment eligibility, workers' compensation, and the Americans with Disabilities Act (ADA).

"I think you might need to hire a human-resources specialist just to handle Mr. Artest's issues," said Carmen.

He explained how Artest could conceivably make a case under the ADA that his outburst was, in fact, a disability protected by the federal law. Carmen cited some cases where judges had found "interacting with others" to be a "major life activity" that could bring otherwise antisocial behavior into the realm of a protected "disability." He advised employers to have detailed job descriptions that could protect against such suits. Carmen also illustrated how consulting an attorney on labor issues can pay off in savings.

"A 10-minute phone call now," said Carmen, "can save $200,000 and 10 years of litigation."

Other sports topics discussed at the seminar included Los Angeles Dodgers' outfielder Shawn Green taking a critical game off to observe a Jewish holiday, The New York Yankees "no facial hair" policy, and football player Randy Moss' pretend "astronomy exhibition" to fans. Moss pretended to "moon" fans at a football game this past season.

Carmen explained how an employee might make a case that the faux "mooning" was similar to protected religious practices such as making the sign of the cross.

Pete Rose and other sports figures cases also were discussed during the 90-minute session. Carmen stressed the importance of having workplace rules and getting the employee's signature when he receives the employee handbook, as well as writing rules against obviously bad behavior.

"Does your company have a rule that says 'Employees may not fight with the [customers]?' " Carmen asked. "If you don't, you might want to start writing one."

Approximately 100 attended the seminar at Drumlin's Country Club March 8. Mackenzie Hughes presents monthly seminars on labor-law topics for its clients and guests.