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The Canadian Hockey League announced that it has settled three class action lawsuits over allegations it failed to pay players minimum wage.
According to a recent update, the settlement approval hearing has been scheduled for Sept. 15, 2020. It will be held remotely, and Class Members may be able to participate through remote video.
Additional Class Members have also been added to the Canada class action lawsuit settlement. Class Members now include anyone who played on a team owned and/or operated by one of the defendants and meets any of the following definitions (and who has not opted out of the relevant CHL minimum wage class action lawsuit):
- You were a player of an OHL team located in Ontario at some point between Oct. 17, 2012 and Nov. 15, 2018, or you were a player under the age of 18 on Oct. 17, 2012;
- You were a player of a WHL team located in British Columbia at some point between Oct. 30, 2012 and Feb. 2016, or you were a player under the age of 19 on Oct. 30, 2012;
- You were a player of a WHL team located in Alberta at some point between Oct. 30, 2012 and Jan. 1, 2020, or you were a player under the age of 18 on Oct. 30, 2012;
- You were a player on a team located in Saskatchewan at some point between Oct. 30, 2012 and April 29, 2014, or were a player under the age of 18 on Oct. 30, 2012;
- You were a player member of a QMJHL team in the Province of Quebec at some point between Oct. 29, 2011 and June 12, 2018;
- You were a player member of a QMJHL team operating under the name Groupe Sags 7-96 and/or Les Saguenéens in the Province of Québec at some point between Nov. 5, 2011 and June 12, 2018;
- You were a player member of a QMJHL team in the Province of New Brunswick at some point between Oct. 29, 2012 and July 28, 2017;
- You were a player member of a QMJHL team in the Province of Prince Edward Island at some point between Oct. 29, 2012 and Oct. 28, 2017; or
- You were a player member of a QMJHL team in the Province of Nova Scotia at some point between Oct. 29, 2012 and July 4, 2016.
Class Members who wish to object to the hockey league settlement must send a written submission by mail to Class Counsel, and make sure it is received no later than Sept. 10, 2020.
The Canadian Hockey League settlement was reportedly reached shortly before sporting events were shut down in North America by the COVID-19 pandemic and will resolve minimum wage class action lawsuits filed in Ontario, Alberta and Quebec.
The CHL, which includes the Western Hockey League, Ontario Hockey League and Quebec Major Junior Hockey League, has reportedly agreed to pay $30 million to resolve the minimum wage class action lawsuits.
“We launched these class actions to fight for the rights of the players and to make a positive change,” former Canadian Hockey League players Sam Berg and Lukas Walter said in a statement. “We’re proud of what these lawsuits and this settlement have achieved.”
The first Canadian Hockey League class action lawsuit was filed by a Toronto law firm in 2014 on behalf of all current and many former hockey players. The minimum wage Ontario class action lawsuit sought $180 million for outstanding wages, overtime, holiday pay, and vacation pay.
Some hockey players were reportedly paid as little as $35 per week even though they worked between 40 and 65 hours.
The plaintiffs alleged that Canadian Hockey League players are employees, not amateur student athletes. Therefore, they are subject to employment standards acts, according to the CHL minimum wage class action lawsuits.
The Canadian Hockey League teams had traditionally considered major junior players, who are typically between the ages of 16 and 20, as student athletes. They are eligible for post-secondary school scholarships worth about one year of tuition, books and fees for each season they spent in the league. While on a CHL roster, the players would also reportedly receive payment for their out-of-pocket expenses, billeting, equipment and travel costs.
The CHL had argued that it could not afford to pay minimum wage on top of these benefits.
Nearly 400 players had reportedly registered to join the Canadian Hockey League minimum wage class action lawsuit by 2016. However, not all of those who registered will be eligible for compensation.
After the CHL minimum wage class action lawsuits were filed, new exemptions and clarifications on employee standards have been passed in all jurisdictions where Canadian Hockey League teams play. These regulations all state that major junior players are not employees.
“There is now no legally recognized obligation for owners to treat players as employees under the employment standards legislation presently in effect in the provinces with CHL teams,” minimum wage Ontario lawyers representing the plaintiffs said in a statement.
“Following the enactment of the final amendment regarding the status of players under the applicable employment legislation in Alberta, the plaintiffs and CHL and its member leagues and teams entered into settlement discussions with the help of their respective counsel and an agreed-upon mediator.”
The settlement will put an end to the CHL minimum wage class action lawsuits, pay the plaintiffs’ legal fees and distribute compensation to eligible Class Members.
“While we can’t do anything about the legislative amendments exempting players from employment standards legislation across the country, this settlement will put millions of dollars into the pockets of the hardworking players and will make a real difference in their lives,” said Sam and Lukas.
The Canadian Hockey League says that it agreed to settle the minimum wage Alberta class action lawsuits to avoid the burden of ongoing litigation.
“The settlement does not mean that we agree with the plaintiffs,” the CHL said of the minimum wage class action settlement. “It means that we wanted to end the lawsuits so we could continue to focus on being the best development league in hockey.”
“The lawsuits continued to be a distraction and would continue to damage the financial position of our teams by costing millions of dollars in legal fees for five to 10 more years,” the CHL said.
Top Class Actions will post the open settlement information and claim filing instructions once they become available. Click on the “Follow Article” at the top of this page to get the latest updates about the Canadian Hockey League class action lawsuit settlement by using your free Top Class Actions account. For the latest updates, keep checking ca.TopClassActions.com or sign up for our free newsletter.
Do you think the Canadian Hockey League minimum wage class action lawsuit settlement is fair? Tell us your thoughts in the comment section below!
Class Members are represented by Ted Charney of Charney Lawyers PC; James McDonald, Steven Barrett, Jody Brown and Joshua Mandryk of Goldblatt Partners LLP; and by Michel Savonitto of Savonitto & Ass. Inc.
The Canadian Hockey League Minimum Wage Class Action Lawsuits are Samuel Berg v. Canadian Hockey League, et al., in the Ontario Superior Court of Justice, Canada Travis McEvoy, et al. v. Canadian Hockey League, et al., in the Alberta Court of Queen’s Bench, Canada and Lukas Walter, et al. v. Canadian Hockey League, et al., in the Quebec Superior Court of Justice, Canada.
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