World
Hamby Disputes WNBA Claim That It’s Not Her Employer
Los Angeles Sparks forward Dearica Hamby insists the WNBA is misapplying case precedent concerning the prospective employment of college athletes and minor league baseball players as a way to avoid scrutiny in her employment retaliation lawsuit, a new court filing asserts.
Hamby’s attorneys filed a memorandum responding to a recent WNBA court filing where the league insisted that Hamby’s employment lawsuit fails in part because—the league maintains—the WNBA is not her employer. While Hamby contends the WNBA and the Las Vegas Aces were her joint employer during a time when she says she experienced unlawful discrimination on account of being pregnant, the WNBA argues it is not a joint employer of players who are employed by, and sign employment contracts with, privately owned WNBA franchises.
The WNBA drew support from Lamar Dawson v. NCAA, a 2019 case where a USC football player failed to establish the NCAA and Pac-12 were his joint employers. The U.S. Court of Appeals for the Ninth Circuit reasoned that while the NCAA and Pac-12 regulated the relationship between Dawson and USC–including by setting eligibility rules and football scheduling–they didn’t hire or fire Dawson and didn’t place him at USC. The WNBA described its relationship with WNBA teams in an analogous light. The WNBA regulates the employment relationship between teams and players, including by enforcing disciplinary rules and overseeing a player draft process that gives teams the chance to draft (and employ) a player. But the WNBA insists it doesn’t directly control players.
Not so fast, Hamby argues in a brief authored by Artur Davis, Dana Sniegocki and Erin Norgaard of HKM Employment Attorneys.
Hamby maintains a key distinguishing feature between Dawson and her is that while college athletes are not (save for Dartmouth College men’s basketball players) unionized employees, WNBA players are unionized. The WNBPA negotiates a collective bargaining agreement with the WNBA that specifies terms and conditions of employment and outlines league authority. There is no such equivalent in college sports since unionization requires, among other things, employment recognition.
As Hamby tells it, the WNBA player-WNBA arrangement empowers the league with considerably more influence over WNBA players than the NCAA or Pac-12 enjoyed over USC football players in 2019. More specifically, Hamby cites “the structure of compensation and benefits, the rules of the free agent market, and the power to discipline and police misconduct” as distinguishing the WNBA’s role.
Hamby also points out that while Dawson was decided only five years ago, that was a different era in college sports. The world of college athlete compensation has changed dramatically since then. The days of amateurism, as that term was understood in 2019, are over and never coming back.
To that point, in NCAA v. Alston (2021), the U.S. Supreme Court held that the NCAA is subject to ordinary antitrust scrutiny and violated antitrust law by limiting how colleges compensate college athletes for education-related expenses. That same year, the NCAA withdrew its restraint on college athletes using their right of publicity by adopting the interim NIL policy.
Since 2021, college athletes have generated earnings in NIL deals while some NIL collectives operate as pay-for-play vehicles. The NCAA is also attempting to settle the House, Carter and Hubbard antitrust cases by paying athletes for lost opportunities to earn compensation via NIL, video games and broadcasts and letting colleges directly pay athletes for media rights, ticket sales, sponsorships and NIL in a salary-cap like model. Most on point, college athletes have had recent success arguing they’re employees. It’s logical to assume that if Dawson were litigated in 2024, its trajectory would be different in ways that better align with Hamby’s arguments.
Further, Hamby accuses the WNBA of giving short shrift to another joint employment case in sports: Aaron Senne, et al. v. MLB. That 2022 case, which concluded via a settlement, concerned minor league baseball players suing MLB, which they argued was their joint employer and on the hook to pay them no less than minimum wage and overtime pay as required by the Fair Labor Standards Act. A U.S. magistrate judge found that MLB functioned as a joint employer given its control over the entry level draft, the ability to discipline players and set first-year salaries. The WNBA reasoned Senne is inapplicable since it didn’t involve the types of claims pleaded by Hamby and didn’t concern a unionized employee like Hamby.
But Hamby argues the WNBA, which she criticizes for “cosign[ing] Senne to a footnote” in its brief, is “silent” as to whether the elements of joint control discussed in Senne apply to her case. She said it “speaks volumes” that the WNBA, at least as Hamby tells it, doesn’t adequately address analogous conduct by the WNBA in economic and disciplinary powers.
U.S. District Judge Andrew P. Gordon, who presides in Nevada, will weigh the competing arguments in deciding whether to dismiss Hamby’s lawsuit.
World
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World
Hamas' Gaza death toll questioned as new report says its led to 'widespread inaccuracies and distortion'
A new report cites a laundry list of alleged errors in the casualty tallies that the Hamas-run Gaza Ministry of Health has issued during the conflict in Gaza, and found that worldwide media widely report the inflated numbers with little or no scrutiny.
The Henry Jackson Society (HJS), a U.K. based think tank, found “widespread inaccuracies and distortion in the data collection process” for the Hamas-run Gaza Ministry of Health (MoH) which has resulted in a “misleading picture of the conflict.” The study also analyzed how journalists worldwide have spread misleading MoH data without noting its shortcomings or offering alternative information from Israeli sources.
The report’s author, Andrew Fox, a fellow at HJS said his team’s research is based on lists of casualty figures that the MoH has released through Telegram as well as lists released by the U.N. Office for the Coordination of Humanitarian Affairs. Fox said he and his team have been able to examine segments of the reporting, despite changeable MoH data being “really hard to interrogate.”
On Tuesday, Gaza health authorities updated its number of dead to what it said was more than 45,000.
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The report said the ministry’s reporting long indicated that women and children made up more than half of the war dead, leading to accusations that Israel intentionally kills civilians in Gaza.
“If Israel was killing indiscriminately, you would expect deaths to roughly match the demographic proportions pre-war,” Fox said. At the time, adult men made up around 26% of the Gazan population. “The number of adult males that have died is vastly in excess of 26%,” he said.
Within accessible reporting, Fox and his team also found instances of casualty entries being recorded improperly, “artificially increas[ing] the numbers of women and children who are reported as killed.” This has included people with male names being listed as females, and grown adults being recorded as young children.
Analyzing data by category has further highlighted biases within reporting. There are three kinds of entries within MoH’s casualty figures: entries collected by hospitals prior to the breakdown of networks in November 2023, entries submitted by family members of the deceased, and entries collected through “media sources,” whose veracity researchers like Dr. David Adesnik, vice president of research at the Foundation for Defense of Democracies, has previously questioned.
Analysis of gender breakdowns among these groupings shows that hospital records “are distorted,” with a higher percentage of women and children among hospital-reported casualties than in those reported by family members.
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Though around 5,000 natural deaths typically occur in Gaza each year, the study found that MoH casualty figures do not account for natural deaths. It claims that it also fails to exclude deaths unassociated with Israeli military action from its count. This includes individuals believed to have been killed by Hamas, like 13-year-old Ahmed Shaddad Halmy Brikeh, who appears on a casualty list from August despite reports indicating he had “been shot dead by Hamas” while trying to get food from an aid shipment in December 2023. The list also excludes individuals killed by Hamas’ rockets, about 1,750 of which “fell short within the Gaza strip” between October 2023 and July 2024.
Fox and his team also found individuals who died before the conflict began had been added to MoH casualty counts. In addition, at least three cancer patients whose names were included in lists to leave the Gaza Strip for treatment in April had been listed as dead during the month of March.
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The ministry does not separate combatants and civilians in its casualty figures. Though the study states that Israeli forces have killed around 17,000 Hamas terrorists, Fox said that his research indicated the death toll may include as many as 22,000 members of Hamas. He said his research supports the fact that around 15,000 of the dead in Gaza are women and children, and 7,500 are non-combatant adult males.
“Collecting these sorts of lists in a war zone is a hugely challenging thing,” Fox admitted, but he stated that the MoH’s mistakes, whether innocent or deliberate, show that the institution is “really unreliable.”
Despite this unreliability, the Henry Jackson Society’s survey of reporting of the conflict found that 98% of media organizations it looked at utilized fatality data from MoH versus 5% who cited Israeli figures. Fox found that “fewer than one in every 50 articles [about the conflict] mentioned that the figures provided by the MoH were unverifiable or controversial,” though “Israeli statistics had their credibility questioned in half of the few articles that incorporated them.”
As an illustration of the phenomenon witnessed in the survey, Fox pointed out what he called an “incredibly biased” article from a British broadcaster that recently emerged citing MoH data claiming that there have been more than 45,000 deaths in Gaza. Though its report mentions MoH data, it does not break down the numbers of combatants and civilians, and does not mention the questionable veracity of MoH reporting. Instead, it parrots MoH claims, reporting that women and children make up for over half of the fatalities.
“It’s just a great example of everything we’ve written in the report,” Fox said.
World
Arson at karaoke bar in Vietnam’s Hanoi kills 11, police say
Vietnam’s Ministry of Public Security says suspected perpetrator confessed to starting blaze after dispute with staff.
A suspected arson attack at a cafe and karaoke bar in Vietnam’s Hanoi has killed 11 people and injured two others, police have said.
Vietnam’s Ministry of Public Security said on Thursday that it had arrested a man who confessed to starting the blaze on the ground floor of the building following a dispute with staff.
Rescue workers who rushed to the scene brought seven people out of the building alive, two of whom were rushed to hospital, police said.
Footage that circulated on social media showed a multistorey building engulfed in flames as firefighters worked at the scene while surrounded by a crowd of onlookers.
“At that time, we saw many people screaming for help but could not approach because the fire spread very quickly, and even with a ladder, we could not climb up,” the Lao Dong newspaper quoted a witness as saying.
The Tien Phong newspaper quoted a witness as saying there was a strong smell of petrol at the scene.
“Everyone shouted for those inside to run outside, but no one called for help,” the witness said.
CCTV footage published by the VnExpress news site appeared to show a man carrying a bucket towards the cafe seconds before the blaze began shortly after 11pm (16:00 GMT) on Wednesday.
Fires are a common hazard in Vietnam’s tightly packed urban centres.
Between 2017 and 2022, 433 people were killed in some 17,000 house fires in the country, most of them in urban areas, according to the Ministry of Public Security.
In September last year, 56 people, including four children, were killed and dozens injured in a fire at an apartment block in Hanoi.
This October, a court in southern Binh Duong province jailed six people, including four police officers, over safety lapses related to a fire at a karaoke complex that killed 32 people in 2022.
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