Brooks Laich

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


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

Good news: Colaiacovo traveling with Sabres

Leave a comment

It was a scary sight.

Carlo Colaiacovo fell to his hands and knees after taking a cross-check to the throat from Predators forward Viktor Arvidsson (above).

Arvidsson received a five-minute major and a game misconduct, while Colaiacovo suffered a dented trachea on the play.

After the game, both Dan Bylsma and Peter Laviolette agreed that there was no malicious intent on Arvidsson’s part.

“I don’t think there was intent there to maliciously cross-check,” Bylsma said. “They kind of lose the puck, turn and his stick is right at that level and delivers a blow. When you look at it, it’s a pretty stiff cross-check to Carlo’s neck.”

“It was tough for Arvidsson,” said Laviolette. “I don’t think he had any bad intentions. He just ran into somebody and the stick got caught a little bit high, but just a tough turn of events.”

The Sabres defenseman left the game and was treated at a nearby hospital, but there is some good news to report.

According to the Buffalo News, Colaiacovo was released from hospital and he was able to travel to Detroit with his teammates.

It’s unclear how long he’ll be out.

Start the Carr: Habs recall another player from the minors

Leave a comment

There’s been a lot of movement between Montreal and Saint John’s lately and that continued on Sunday.

This time, it’s forward Daniel Carr who’ll be getting a stint with the big club.

Carr has no prior NHL experience.

The 24-year-old spent four years at Union College before joining the Canadiens organization as an undrafted free agent.

In his first season as a pro, Carr scored 24 goals (led the team) and 39 points in 76 AHL games with the Hamilton Bulldogs in 2014-15.

This year, Carr has seven goals and 15 points in 20 games.

Montreal is without forwards Torrey Mitchell, Brendan Gallagher and Alexander Semin.

Campbell’s perfect snipe sinks Wings in OT


Brian Campbell doesn’t score as many points as he used to, but he came up with a huge goal against the Red Wings on Sunday afternoon.

With the game tied, 1-1, in overtime, Campbell skated into the slot and beat Petr Mrazek with a perfect wrister to end the game.

It was also a pretty nice passing play between Jussi Jokinen, Jonathan Huberdeau and Campbell.

Dylan Larkin opened the scoring in the second period before Reilly Smith leveled the score with just over five minutes remaining.

The Wings have blown a lead in three straight games.

Detroit was up 2-0 and 3-2 in their last game, against Edmonton, before they finally closed the game out with an overtime goal by Niklas Kronwall.

They weren’t so fortunate against the Bruins on Wednesday, as they lost 3-2 in OT after leading 2-1 with under two minutes remaining in regulation.

This was the first meeting of the season between Detroit and Florida, but they’ll see each other three times between Feb. 4 and Mar. 19.

With Jonathan Bernier sputtering, we’ll meet Garret Sparks

Garett Sparks
Leave a comment

You can’t blame Mike Babcock for siding with the relatively unknown when the other option is Jonathan Bernier, a goalie who’s 0-8-1 so far in 2015-16.

With that in mind, meet Garret Sparks, the Toronto Maple Leafs’ expected starter for Monday’s game against the Edmonton Oilers.

Sparks was a seventh-round pick (190th overall) in 2011, a guy who was off to a great start in the AHL. That much wasn’t lost on Babcock.

Let’s face it, though; this is as much about the Leafs’ other two goalies as it is about Sparks (whose name inspired a very obscure reference in this post’s headline).

In Bernier’s case, there’s an “enough’s enough” feel:

Meanwhile, James Reimer‘s not quite healthy enough to play yet, so the window of opportunity is open for Sparks … a little bit.

Sparks will get a chance to make an impression, even if it’s just a small one.