Ask a Lawyer: If a player has a contract, how can the owners cut his salary?

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With all the rhetoric emanating from each side of the NHL’s labor dispute, we’ve decided to bring in an actual lawyer to answer a series of questions. Hopefully it will prove useful to you, the reader, because it’s costing us $500 an hour. Please welcome to ProHockeyTalk, sports legal analyst Eric Macramalla.

PHT: Hi Eric, thanks for doing this. Brooks Laich of the Washington Capitals has been particularly outspoken leading up to and during the lockout. Here’s what he had to say about the owners demanding an immediate reduction in players’ salary:

“Where I come from, you honor your handshakes and you have your word. If you don’t have that you have nothing. If I make a bad deal, sign a bad contract that’s my fault. And I accept that, I’m a man and I work through that. That’s something I deal with. I don’t go crying foul and looking for somebody to fix my mistakes. I accept that as a man, that I made a bad decision. I think that hockey players are pretty honest people and they don’t like it when it’s coming back the other way.”

Doesn’t Laich sort of have a point?

EM: It is understandable that Laich has expressed displeasure with the NHL seeking to reduce player salaries on existing contracts. After all, when a contract is signed, the expectation is that it will be honored and not altered at some later date. We all know that when million dollar contracts are not honored, lawsuits can be threatened.

The NHL, though, is not proposing a rollback (or altering existing contracts). Rather, the league wants to drop more of player salaries into escrow. If revenue projections end up being below the league’s actual revenue totals, the players would end up forfeiting a portion of their salaries. That’s the idea behind escrow – to make sure that the sides get the right share of revenue.

Practically speaking, if the players agree to a dramatic drop in their share of revenue, they could see a significant reduction in salaries. So from the players standpoint, it doesn’t matter what you call it since the net effect may be the same. Still, increased escrow payments and rollbacks are different.

Let’s also remember that this is not your typical employer/employee relationship. It’s different because players have agreed to tie salaries directly to revenue. If the players ultimately agree to take a lower percentage of revenue, they may see a reduction in their salaries. Indeed, this is a unique business model since an individual is directly affected by the collective.

One more point: some have said it’s unlawful for the league to rollback salaries since contracts have been signed. However, that’s not the case. The collective bargaining agreement, which represents the agreement between the parties, rules the day. If the NHL and Union agree on a lower share of revenue for the players, that would be included in the CBA – thereby making it law.

Eric Macramalla is a partner at a national law firm and TSN’s sports legal analyst. He has covered the legal side of all major sports stories, including the NFL and NBA lockouts, the Saints Bountygate, Barry Bonds and Roger Clemens perjury trials, the Ilya Kovalchuk dispute and the Jerry Sandusky case. You can follow him on Twitter at@EricOnSportsLaw and his sports law blog is located at www.OffsideSportsLaw.com.

Should Erik Karlsson’s game-winning goal have counted?

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We’re only one game into the Sens-Rangers series, and we already have a little bit of controversy.

Ottawa won Game 1, 2-1, thanks to Erik Karlsson‘s game-winning goal from a seemingly impossible angle (seriously, he scored from the corner).

But should it have counted?

There’s no issue with the Karlsson shot going off Henrik Lundqvist‘s mask and in, but the Rangers felt that the referees missed an icing call moments before the goal happened.

Karlsson is standing near his own blue line when he sends a pass in Jean-Gabriel Pageau‘s direction. Did Pageau get a piece of it? It’s hard to tell from the angles we have at our disposal, but Alain Vigneault seemed to have had a good look at the play.

“We felt on their game-winning goal it should have been icing,” Vigneault said, per Sportsnet. “When we look at it, and look at the angles we get, I think it should have been icing. But at the end of the game you gotta play and you gotta do more than we did tonight to win.”

Challenging icing calls isn’t permitted, so when the officials decided that Pageau touched the puck, there’s nothing more the Rangers could do to reverse the call (except get the puck out of the zone when they had the chance).

 

2017 Stanley Cup Playoffs schedule for Friday, April 28

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Two games on the schedule tonight, as the St. Louis Blues and Anaheim Ducks look to avenge their losses to the Nashville Predators and Edmonton Oilers in Game 1.

Here’s what you need to know:

Nashville Predators vs. St. Louis Blues (Preds lead 1-0)

Time: 8:00 p.m. ET

Network: NBCSN (Stream online here)

Check out the highlights from Nashville’s 4-3 win in Game 1.

Edmonton Oilers vs. Anaheim Ducks (Oilers lead 1-0)

Time: 10:30 p.m. ET

Network: NBCSN (Stream online here)

Check out the highlights from Edmonton’s 5-3 win in Game 1.

PHT Morning Skate: David Letterman shows off awesome playoff beard at Caps-Pens game

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–We’ll start with highlights from Game 1 of the highly anticipated matchup between Washington and Pittsburgh, which the Penguins won 3-2. Sidney Crosby scored twice, while Alex Ovechkin found the back of the net once.

–It appears as though hockey fans in Montreal still aren’t thrilled about P.K. Subban being shipped to Nashville last summer. But what if they had kept Subban? Would they still be alive this postseason? Sportsnet’s Andrew Berkshire says we can’t know for sure, but there’s at least a chance the Canadiens would still be playing in they had Subban instead of Weber. (Sportsnet)

–Speaking of trades that happened last off-season, The Hockey News’ Ken Campbell writes that we shouldn’t be quick to appoint winners and losers of last year’s major trades (Subban to Nashville for Weber, Adam Larsson to Edmonton for Taylor Hall). Campbell writes: “We rush to judge. That’s what we do. Guilty, by the way. So when Adam Larsson has the night of his life in the Oilers Game 1 win over the Anaheim Ducks, the low-hanging fruit gets picked and Larsson becomes everything to the Oilers that Taylor Hall was not. It’s not terribly fair to the guys who were on the other side of the trade, but you pretty much sign up for that kind of scrutiny when you become a part of the NHL Millionaires Club.” (The Hockey News)

–Goalies like Jake Allen, Pekka Rinne and Henrik Lundqvist all turned in spectacular performances in the first round of this year’s playoffs. So Yahoo’s Puck Daddy blog takes a deeper look at eight goalies that have stolen a playoff series. Vintage J.S. Giguere was fun to watch! (Yahoo)

–Caps defenseman Brooks Orpik is one of the few players that has been on both sides of the Caps-Pens rivalry, but how did it start? “It was Penguins-Flyers when I started. Then when Sid and Ovi came, that’s two of the marquee names. I think that rivalry was manufactured a little bit, especially when we weren’t even in the same division and didn’t play each other in the playoffs until ‘09. A lot of that, I think, was hyped up for TV ratings. But at the same time those guys always seemed to kick it up a notch when they played each other, so it was fun to be a part of. (Sports Illustrated)

–Political speechwriter Stephen Krupin wrote and agreed with many of Barack Obama’s speeches, but there was one he wrote that he just couldn’t get on board with. You see, Krupin is a big Washington Capitals fan, so when the Penguins came to the White House after their Stanley Cup triumph, he had to write a nice speech about his team’s biggest rival. “As with any good speech, the process began with research. I clenched my jaw and read recaps of the Penguins’ remarkable turnaround season. I grew nauseous as I dug through fawning profiles about enemies of the state such as Matt Murray and accomplices such as Phil Kessel.” (Washington Post)

–David Letterman was at last night’s game between the Capitals and Penguins, and he was sporting a pretty impressive playoff beard. See for yourself:

Ovechkin shrugs off Caps’ Game 1 loss in very Ovechkin way

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You know, it happens. Maybe not always in those exact words.

The Washington Capitals carried the play during portions of their 3-2 Game 1 loss to the Pittsburgh Penguins, and even down 1-0 in the series, just about every player seemed happy with their overall game.

(Granted, Braden Holtby picked apart two of the three goals he allowed, and so on.)

Still, Alex Ovechkin shrugged off the disappointment in a way that wasn’t quite Rated R, but probably ranks in the PG-13 range:

The penalty element is interesting, though.

When asked after the loss about the lack of power plays, Matt Niskanen merely offered a “no comment.”

The Penguins experienced some sprawling moments, yet they avoided taking a penalty each time. Often, when a team carries long sequences of play, they’ll go on the PP (especially with home-ice advantage) … but not the Capitals in Game 1.

via Natural Stat Trick

It’s a situation to watch as the Capitals hope to even the series against the Penguins with Game 2 coming on Saturday at 8 p.m. ET on NBC. (You can watch online, via the NBC Sports App and follow the livestream here).