Junior players’ lawsuit gets assist from labour federation

The tussle over paying minimum wage to junior hockey players landed in Toronto on Tuesday.

And the plaintiffs in the proposed class action against the Canadian Hockey League, the Ontario Hockey League and its member teams received a boost from the Ontario Federation of Labour as the certification hearing for a $187-million lawsuit kicked into high gear at the province’s Superior Court of Justice.

“There should be no exemptions from the Employment Standards Act and minimum wage laws,” OFL president Chris Buckley said. “How is it that someone can work for 50 hours a week and not get paid?

“This is a clear sign that our laws are not working. I’m a hockey fan, but I believe that our national sport shouldn’t be used to exploit young workers for profit by team owners.”

The OFL oversees 54 unions and one million workers in Ontario.

The plaintiffs, represented by Charney Lawyers, argue the OHL’s standard player agreement is an employment contract and players are entitled to minimum wage and overtime pay.

The OHL has countered that players are student-athletes, not employees, and paying them minimum wage is likely to spell financial doom for some of its clubs. According to TSN, the league has also indicated in a new court filing teams may need to consider reducing funding to progressive initiatives aimed at concussion management, anti-doping, drug education and medical programs if forced into a minimum-wage expense.

Last month, a certification hearing in Calgary for a similar claim against the Western Hockey League unlocked the financial statements of the OHL clubs, revealing they combined to generate nearly $70 million in revenue in a single season.

The cost to cover minimum wage is expected to amount to almost $300,000 per team annually.

The hearing is expected to run until Thursday.