Quote:
Originally Posted by GGG
Why does the profitability of the businesses matter in determining if the kids are employees
legally what are they?
- they aren't customers like kids playing sports
- they aren't independent contractors as they aren't free to sign with who they want to
- they aren't volunteers
- so what's left is an employee
The problem is that we have let our sports teams off without competition. And this allows the monopoly to price fix. If you let the kids be independent contractors then some would be paid quite a bit while others would have parents paying for their spot on the team.
If the league as a whole is making a profit then their monopoly is unfairly restricting the earnings of the players.
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There's more to independent contractors vs employee than just, "they aren't free to sign with who they want to". In determining pay and benefits etc, this will probably be the most contested issue for both sides. Should be interesting to see how each side argues their case.
You would also have a hard time convincing anyone that the CHL is a monopoly. Providing, arguably the fastest and most efficient route to the NHL doesn't mean it's a monopoly. A monopoly would imply that a player has no other choice of league to go to. CHL has to compete against AJHL or their equivalents, CIS and NCAA all of who are valid substitutes.