Milestone as Phoenix Suns become 1st pro sports team to create a $15/hour minimum wage in their employee handbook, following separate ongoing legal challenges. We heard your concerns and this year’s handbook grew to 63 pages! It now includes a greatly expanded section on policies regarding confidential business information, intellectual property, and dispute resolution. Their implementation has alarmed many staff members. That concern deepens as it comes amid six lawsuits brought against the organization, five of them from current or former staffers.
The updated handbook consists of two parts. Part A, at just 50 pages, provides an incredible introduction to important issues like diversity, equity, and inclusion, workplace respect and employee benefits. The new Part B nearly doubles the length of the handbook to four pages. Where it has attracted the most skepticism is in its emphasis on mandatory arbitration and how that addresses dispute resolution.
The Suns’ last-minute push to force their employees to sign the updated deal in just three days has faced considerable backlash. Employees who choose not to sign may face potential job loss, raising questions about employee rights and the fairness of such a requirement.
Cortney Walters, a workers’ rights advocate with the Employee Rights Advocacy Institute, expressed outrage at the Suns’ use of these tactics.
“From the beginning, we have said we will hold the Phoenix Suns accountable for discrimination and retaliation. Instead of addressing these issues, the organization is pressuring employees to sign away their rights with only three days’ notice or risk losing their jobs,” – Cortney Walters
This recent, very controversial move on the Suns’ part to unilaterally change employment terms in the middle of the job has raised questions about whether it’s even legal. Attorney Patrick Hammon, who specializes in employment law and discrimination, cut right to the chase. Courts have generally held that modifications must be made with “consideration,” meaning employees need to obtain some benefit in exchange for accepting such amendments.
“What makes this situation more unique is that it appears that these new terms are being imposed upon employees mid-stream,” – Patrick Hammon
Thus far, the Suns have countered the complaints about their policies. They argued that this was not only an unhealthy practice, but that it was routine in large organizations. Stacey Mitch, a legal expert, noted that the policy of mandatory arbitration is standard across many industries, including other NBA teams and major corporations.
“This policy is standard at most large organizations including Disney, ESPN, and many other NBA teams. This policy does not result in the waiver of claims,” – Stacey Mitch
We belabored the point that the Suns have focused first and foremost on saving face according to critics. They allege that the team is ignoring credible allegations of discrimination and retaliatory behavior. Walters emphasized that when mandatory arbitration is used, it has the effect of hiding systemic problems in institutions.
“Mandatory arbitration denies people their day in court and hides systemic problems from the public. This latest move is not an isolated decision. It is part of a continuing pattern of silencing employees rather than confronting discrimination. The Suns’ actions make clear that protecting their image matters more to them than protecting people,” – Cortney Walters
The lawsuits have played a drastic role in becoming what I’d argue is the biggest obstacle facing the suns right now. Two other men have successfully sued, or are suing, that same franchise. They claim that Suns owner Mat Ishbia has denied them access to key internal documents that are essential to their claims. This has further added to the legal pressures on the organization as it attempts to juggle its internal policies and outside legal inquiries.
Many would argue that progressive policy has become the status quo in corporate America. For them, the protection of employees’ rights and protections has been triggered by the implementation of these changes. Hammon touched on a very important aspect. Imposing new terms without anything in return would risk the Suns walking into a legal quagmire.
“Imagine having a year-long contract with a neighbor to mow your lawn or babysit your kids for $20 an hour; most would agree that it would feel unfair if, half-way through the year, that neighbor just decided on his or her own to increase that rate to $25/hour,” – Patrick Hammon
Discussions about the Suns’ handbook changes and current litigation are still very much in progress. Employees and advocates lay in wait to see how these changes will affect the culture of the workplace and the treatment of employees in the department.
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