PGA Tour Caddies file class-action suit against PGA Tour for use of likeness, bibs

[mvmac]

http://thegolfnewsnet.com/golfnewsnetteam/2015/02/03/caddies-file-class-action-suit-pga-tour-likeness-bibs-9537/

Quote:

Almost 80 PGA Tour caddies joined together to file a class-action lawsuit against the PGA Tour on Feb. 3, claiming the PGA Tour should be compelled to compensate caddies — both retroactively and going forward — for wearing bibs with the logos of corporate sponsors on them.

The suit, filed in the United States Northern District Court of California, home court to a number of key cases involving athletes including Ed O’Bannon’s lawsuit against the NCAA for their use of the likeness of college athletes, says the PGA Tour benefits to the tune of $50 million annually in advertising related to the bibs, which are compulsory for caddies to wear under Tour regulations. The caddies say they never licensed the PGA Tour to use their likeness with corporate logos as part of any agreements made regulating caddie behavior and access.

The caddies, which, like players, are independent contractors and not PGA Tour employees, are subject to the same logo and endorsement regulations as players, offering general guidelines on permissible endorsements and the placement of logos. However, with bibs covering up a caddie’s torso and their upper leg, endorsing a product with a regulation-conforming logo on their clothes is difficult.

The suit further claims the Tour has threatened to prohibit caddies from obtaining endorsement deals with companies that may compete with PGA Tour sponsors.

Through the Tour, caddies are able to earn compensation for wearing hats with the logo of granola maker Nature Valley. The lawsuit implies the Tour then know caddies expect payment for endorsing a Tour sponsor and aim to apply the same implication to corporate logos on caddie bibs.

The group of caddies, including Paul Tesori (caddies for Webb Simpson), Damon Green (Zach Johnson), Kenny Harms (Kevin Na) and former Payne Stewart caddie Mike Hicks , claim the PGA Tour treats them as second-class citizens to players rather than an integral part of a player-caddie duo. The Tour has previously denied offering health and retirement benefits to caddies, 115 of which formed an association, the Association of Professional Tour Caddies, in 2013 to formalize relations with the PGA Tour as a united organization.

[Shorty]

Seems the Christian caddies all want to be big stars too. They probably call themselves athletes.

I think a percentage of what they get ( the big name ones) is more than adequate compensation.

It is one thing to be taken advantage of and have someone profiting from your likeness if you are a famous person.

It is another thing to not understand that you are part of a big organisation and their are certain concessions you make.

Do ordinary workers complain if they have to wear a corporate logo and change it weekly to promote the organisation that is, ultimately, paying their bills?

[iacas]

Though I agree they ARE second-class citizens (regarding their status relative to the Tour players), I also agree that they should be compensated for requiring to wear the bibs.

A dollar per round seems about right.

Seriously, guys, if you don't like it, find another job. They've accepted these conditions for awhile now. They're required to wear the bibs (partly because it helps fans recognize the player's name on the back), but they're not required to show off the logo.

Sorry, guys, you're just caddies. I appreciate a good caddie, but they're paid reasonably well already, and there are a LOT of people willing to step in at a lower cost…

P.S. The caddie's "likeness" is worth roughly $0.

[18rounds]

Possibly another way to look at this is that the Tour us wanting it both ways. On the one hand they want the caddies to be independent contractors to keep cost down and on the other hand they want to dictate exactly what they wear and how they can be paid by other vendors.

I agree a logo on a caddie is not worth nearly what the logo on the golfer is but that may have a case here.

[BENtSwing]

Though I agree they ARE second-class citizens (regarding their status relative to the Tour players), I also agree that they should be compensated for requiring to wear the bibs.

A dollar per round seems about right.

Seriously, guys, if you don't like it, find another job. They've accepted these conditions for awhile now. They're required to wear the bibs (partly because it helps fans recognize the player's name on the back), but they're not required to show off the logo.

Sorry, guys, you're just caddies. I appreciate a good caddie, but they're paid reasonably well already, and there are a LOT of people willing to step in at a lower cost…

P.S. The caddie's "likeness" is worth roughly $0.

QFT

$50m/yr valuation that the tour benefits from the caddies' bibs???...whoever did the forensic accounting on that one needs to be put in jail.

[Abu3baid]

Possibly another way to look at this is that the Tour us wanting it both ways. On the one hand they want the caddies to be independent contractors to keep cost down and on the other hand they want to dictate exactly what they wear and how they can be paid by other vendors. I agree a logo on a caddie is not worth nearly what the logo on the golfer is but that may have a case here.

Think about FedEx who hire independent contractors to deliver packages and imagine one of the truck owners said I want to put an advertisement for my other business on the back of the van? He would just get replaced. Independent contractors have a choice to do independent work somewhere else, and the one who hires you has a ton of lee way in forcing yoj to do what ever they want, including preventing you from advertising for anything but their own brand. To me it is such an open and shut case I just can't see how they get anywhere except the fact that Cali has some liberal judges who might feel bad for them maybe? When any case comes up regarding contractors you can bet that companies like fedex will be watching and working their influence. Any decision can have over reaching consequences when it relates to labor laws.

[Golfingdad]

Seems the Christian caddies all want to be big stars too.

I don't get this comment.  The article mentions nothing about religion, as far as I can tell.

It did, however, use the beautiful phrase "going forward" in the first sentence.  I'm sure you loved that.

[Shorty]

I don't get this comment.  The article mentions nothing about religion, as far as I can tell.

But it names names.

[turtleback]

Possibly another way to look at this is that the Tour us wanting it both ways. On the one hand they want the caddies to be independent contractors to keep cost down and on the other hand they want to dictate exactly what they wear and how they can be paid by other vendors.

I agree a logo on a caddie is not worth nearly what the logo on the golfer is but that may have a case here.

Only while they are on the Tour's event site.  They can advertise anything they want at any other time.

Oh, no one will pay them much for it if they aren't at the PGA Tour event in a caddies bib?

Exactly.

QFT

$50m/yr valuation that the tour benefits from the caddies' bibs???...whoever did the forensic accounting on that one needs to be put in jail.

I'm sure the PGATour will have their own expert who will point out that the corporation is paying for the exposure of their name and that has nothing to do with the caddie's likeness.

Seems the Christian caddies all want to be big stars too. They probably call themselves athletes.

So based on three caddies out of 80 who may or may not be Christians (just because their player is doesn't mean they are) you gratuitously slam a whole religion.

Sounds fair to me.

[Wadess]

Think about FedEx who hire independent contractors to deliver packages and imagine one of the truck owners said I want to put an advertisement for my other business on the back of the van? He would just get replaced.

Independent contractors have a choice to do independent work somewhere else, and the one who hires you has a ton of lee way in forcing yoj to do what ever they want, including preventing you from advertising for anything but their own brand.

To me it is such an open and shut case I just can't see how they get anywhere except the fact that Cali has some liberal judges who might feel bad for them maybe?

When any case comes up regarding contractors you can bet that companies like fedex will be watching and working their influence. Any decision can have over reaching consequences when it relates to labor laws.

This may be off base because I'm not sure of the exact details of caddie contracts.  My understanding is that the caddies are independent contractors that work for the player.  The problem with your analogy is that the caddies aren't employed by the tour as independent contractors.  So in this case, you have the PGA forcing someone they have no contractual relationship with to wear a uniform for the sole reason of profit to the PGA. Players aren't forced to wear tournament sponsor logos are they?

It would be interesting to see if there are any cases of caddies taping the sponsor logos or not wearing the supplied bib getting reprimanded by the PGA.

[Shorty]

sure the PGATour will have their own expert who will point out that the corporation is paying for the exposure of their name and that has nothing to do with the caddie's likeness.

So based on three caddies out of 80 who may or may not be Christians (just because their player is doesn't mean they are) you gratuitously slam a whole religion.

Sounds fair to me.

No - I slammed the Christian caddies.

[turtleback]

No - I slammed the Christian caddies.

No, when you gratuitously include that piece of info (and I am giving you credit for the unlikely scenario where you actually KNOW that the caddies mentioned are actually Christians) you are making a point of bringing in something that nothing to so with the actual issue.  There is nothing about the story that hinges on the caddies being Christians - you just chose to act out your own biases and throw that in there to slam Christians in general.

Own it.

[atb5079]

I'm surprised on the comments here. Seems pretty reasonable for a lawsuit. In all other facets of sports, advertising pays. You make someone where something to advertise a company you are making money off of...so pay the caddie for marketing it. I really don't understand the hate. Just because they are caddies and doing a job most of us would love to do for the money, that doesn't mean we should scoff at them and say their lawsuit is bullshit.

[joekelly]

It's all about the money, the PGA bullies, and the TV.  I hope, and believe, that the caddies will win this argument in court.

Shorty's religious comments are not relevant and display his deep-seated troubles.

I notice some caddies, at PGA events,  are women.  Would PGA allow a muslim, fully head covered, lady caddy on TV?

[Patch]

I got this off another website, and it gives another slant on the idea with some IRS information.

" I found a story that said that they are independent contractors. However, this is how the IRS determines the status: You are not an independent contractor if you perform services that can be controlled by an employer (what will be done and how it will be done). This applies even if you are given freedom of action. What matters is that the employer has the legal right to control the details of how the services are performed. ---- In my opinion, the fact that the golfer tells you which tournaments you are going to play at, what time you have to show up at the course, etc., makes them employees. The fact that the golfers themselves decide when and where to play is what makes them independent contractors. That is why the PGA has to tread lightly vis a vis requiring a player to play in a tournament at least once every so many years."

Personally I don't think they will win anything. However, after having to deal with the IRS, and 1099s  over a similar matter, they just might be considered employees of the their PGA player. Their problem is they are not employed by the PGA, so I don't think they have any grounds for a law suit against the PGA.  Maybe a small chance if the PGA requires them to wear their colors as a condition of employment, and it's considered advertisement, which monetarily rewards the PGA.  Now if they want to haul their ("employer") their player into court, they might have a better chance, especially those who have had long term jobs with one pro.. As for the health benefits, the Pros are probably not required to provide it based on current laws because they only have one employee.

It will be interesting to watch.

I found a story that said that they are independent contractors. However, this is how the IRS determines the status: You are not an independent contractor if you perform services that can be controlled by an employer (what will be done and how it will be done). This applies even if you are given freedom of action. What matters is that the employer has the legal right to control the details of how the services are performed. ---- In my opinion, the fact that the golfer tells you which tournaments you are going to play at, what time you have to show up at the course, etc., makes them employees. The fact that the golfers themselves decide when and where to play is what makes them independent contractors. That is why the PGA has to tread lightly vis a vis requiring a player to play in a tournament at least once every so many years.

[billchao]

I'm with the caddies on this one. If they're able to get themselves endorsement deals, then why shouldn't they be able to? Since the bibs restrict that, the logical thing to do is let their sponsors put their logos on the bibs. However, since advertising on the bibs is limited to the sponsors of the tournaments, they should get paid as the walking billboards that they are. The tour makes something from the bibs, so they should pay the caddies something.

[Rick Martin]

My opinion: cut the prize money paid to the players and allocate it to the caddies. No sense in making the charties who benefit from the sponsors/tournaments be penalized over all of this......wearing bibs w/ logos from the sponsors is part of the business of PGA - don't really understand the caddies' beef over this.

[Torres9]

Seems the Christian caddies all want to be big stars too. They probably call themselves athletes. I think a percentage of what they get ( the big name ones) is more than adequate compensation.   It is one thing to be taken advantage of and have someone profiting from your likeness if you are a famous person. It is another thing to not understand that you are part of a big organisation and their are certain concessions you make. Do ordinary workers complain if they have to wear a corporate logo and change it weekly to promote the organisation that is, ultimately, paying their bills?

Christian Caddies? Did I miss something?