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Are Ufc Fighters Employees Or Independent Contractors?
Conklin Book Proof (Do Not Delete) 4/27/20 8:42 PM TWO CLASSIFICATIONS ENTER, ONE CLASSIFICATION LEAVES: ARE UFC FIGHTERS EMPLOYEES OR INDEPENDENT CONTRACTORS? MICHAEL CONKLIN* I. INTRODUCTION The fighters who compete in the Ultimate Fighting Championship (“UFC”) are currently classified as independent contractors. However, this classification appears to contradict the level of control that the UFC exerts over its fighters. This independent contractor classification severely limits the fighters’ benefits, workplace protections, and ability to unionize. Furthermore, the friendship between UFC’s brash president Dana White and President Donald Trump—who is responsible for making appointments to the National Labor Relations Board (“NLRB”)—has added a new twist to this issue.1 An attorney representing a former UFC fighter claimed this friendship resulted in a biased NLRB determination in their case.2 This article provides a detailed examination of the relationship between the UFC and its fighters, the relevance of worker classifications, and the case law involving workers in related fields. Finally, it performs an analysis of the proper classification of UFC fighters using the Internal Revenue Service (“IRS”) Twenty-Factor Test. II. UFC BACKGROUND The UFC is the world’s leading mixed martial arts (“MMA”) promotion. MMA is a one-on-one combat sport that combines elements of different martial arts such as boxing, judo, wrestling, jiu-jitsu, and karate. UFC bouts always take place in the trademarked Octagon, which is an eight-sided cage.3 The first UFC event was held in 1993 and had limited rules and limited fighter protections as compared to the modern-day events.4 UFC 15 was promoted as “deadly” and an event “where anything can happen and probably will.”6 The brutality of the early UFC events led to Senator John * Powell Endowed Professor of Business Law, Angelo State University. -
Ufc® 165 Fight Between Jon Jones and Alexander Gustafsson to Be Inducted Into Ufc® Hall of Fame
UFC® 165 FIGHT BETWEEN JON JONES AND ALEXANDER GUSTAFSSON TO BE INDUCTED INTO UFC® HALL OF FAME Las Vegas – UFC® today announced that the classic 2013 fight between UFC light heavyweight champion Jon Jones and Alexander Gustafsson will be inducted into the UFC Hall of Fame’s ‘Fight Wing’ as part of the Class of 2020. The 2020 UFC Hall of Fame Induction Ceremony, presented by Toyo Tires®, will take place on Thursday, July 9, at The Pearl at Palms Casino Resort in Las Vegas. The event will be streamed live on UFC FIGHT PASS®. “Going into the first Jones vs. Gustafsson fight, fans and media didn’t care about the fight, because they didn’t believe Gustafsson deserved a title shot, and this thing ended up being the greatest light heavyweight title fight in UFC history,” UFC President Dana White said. “To be there and watch it live was amazing. It was an incredible fight and both athletes gave everything they had for all five rounds. This fight was such a classic it was named the 2013 Fight of the Year and will always be considered one of the greatest fights in combat sports history. This fight showed what a true champion Jon Jones was, as this was the first time he was taken into deep waters and truly tested. This fight also put Gustafsson on the map and showed his true potential. Congratulations to Jon Jones and Alexander Gustafsson on being inducted into the UFC Hall of Fame ‘Fight Wing’ for such an epic fight.” As the main event of UFC® 165: JONES vs. -
Champ Jon Jones Flagged for Another Failed Doping Test
SECTION B VISIT SAMOA NEWS ONLINE @ SAMOANEWS.COM WEDNESDAY, AUGUST 23, 2017 CLASSIFIEDS • CARTOONS • ALOHA BRIEFS & MORE ▼ ▼ ▼ ▼ ▼ ▼ ▼ ▼ ▼ ▼ ▼ ▼ ▼ ▼ ▼ ▼ ▼ ▼ ▼ ▼ ▼ ▼ ▼ ▼ ▼ ▼ ▼ ▼ ▼ ▼ ▼ ▼ ▼ ▼ ▼ ▼ ▼ ▼ ▼ ▼ ▼ ▼ ▼ ▼ ▼ ▼ ▼ ▼ ▼ ▼ ▼ ▼ ▼ ▼ ▼ ▼ ▼ ▼ ▼ ▼ ▼ ▼ ▼ ▼ ▼ ▼ ▼ ▼ ▼ ▼ ▼ ▼ ▼ ▼ ▼ ▼ ▼ ▼ ▼ ▼ UFC: Champ Jon Jones flagged C M Y K for another failed doping test LAS VEGAS (AP) — Jon Jones could face a lengthy suspen- sion from mixed martial arts after the UFC light heavyweight champion was notified Tuesday of his second potential violation of the promotion’s anti-doping policy. Jones is widely considered the top pound-for-pound fighter in his sport. The potential violation stems from a sample collected after his weigh-in July 28 for his title fight against Daniel Cormier at UFC 214 in Anaheim, California. Jones (23-1) beat Cormier with a vicious third-round head kick, reclaiming his 205-pound belt after sitting out the previous year under suspension for his first failed doping test. The victory appeared to be a return to glory for a fighter who has repeatedly hindered his stellar career with misbehavior outside the octagon. Jones was stripped of his belt in 2015 after his arrest for his involvement in a hit-and-run accident. He was scheduled to fight Cormier for the title in July 2016, but was pulled from the UFC 200 card and eventually suspended for what he claimed was a failed test due to a sexual enhancement pill. Last month, the 30-year-old Jones emphatically denied he has ever used performance-enhancing drugs. Jones hasn’t yet been stripped of his light heavyweight title for a second time, but it will be a formality if the doping violation is confirmed. -
COMPLAINT 25 V
Case5:14-cv-05484 Document1 Filed12/16/14 Page1 of 63 1 Joseph R. Saveri (State Bar No. 130064) Joshua P. Davis (State Bar No. 193254) 2 Andrew M. Purdy (State Bar No. 261912) Kevin E. Rayhill (State Bar No. 267496) 3 JOSEPH SAVERI LAW FIRM, INC. 505 Montgomery Street, Suite 625 4 San Francisco, California 94111 Telephone: (415) 500-6800 5 Facsimile: (415) 395-9940 [email protected] 6 [email protected] [email protected] 7 [email protected] 8 Benjamin D. Brown (State Bar No. 202545) Hiba Hafiz (pro hac vice pending) 9 COHEN MILSTEIN SELLERS & TOLL, PLLC 1100 New York Ave., N.W., Suite 500, East Tower 10 Washington, DC 20005 Telephone: (202) 408-4600 11 Facsimile: (202) 408 4699 [email protected] 12 [email protected] 13 Eric L. Cramer (pro hac vice pending) Michael Dell’Angelo (pro hac vice pending) 14 BERGER & MONTAGUE, P.C. 1622 Locust Street 15 Philadelphia, PA 19103 Telephone: (215) 875-3000 16 Facsimile: (215) 875-4604 [email protected] 17 [email protected] 18 Attorneys for Individual and Representative Plaintiffs Cung Le, Nathan Quarry, and Jon Fitch 19 [Additional Counsel Listed on Signature Page] 20 UNITED STATES DISTRICT COURT 21 NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION 22 Cung Le, Nathan Quarry, Jon Fitch, on behalf of Case No. 23 themselves and all others similarly situated, 24 Plaintiffs, ANTITRUST CLASS ACTION COMPLAINT 25 v. 26 Zuffa, LLC, d/b/a Ultimate Fighting DEMAND FOR JURY TRIAL Championship and UFC, 27 Defendant. 28 30 Case No. 31 ANTITRUST CLASS ACTION COMPLAINT 32 Case5:14-cv-05484 Document1 Filed12/16/14 Page2 of 63 1 TABLE OF CONTENTS 2 3 I. -
Cormier Vs Jones 2 UFC on Foxtel
Media Alert: Wednesday July 26, 2017 Cormier vs Jones 2 UFC® on Foxtel LIVE on MAIN EVENT Sunday, July 30 from 12pm Midday Foxtel is pleased to announce its pay-per-view service Main Event has re-signed its UFC® agreement to continue to air LIVE and encore broadcasts of UFC Pay-Per-View events. The agreement marks a continuation of Foxtel’s 10-year relationship with UFC bringing Australians PPV fights and additional UFC programming on its Main Event channel. The deal kicks off with the long-awaited UFC 214 fight between UFC light heavyweight champion Daniel Cormier and former title holder Jon Jones on Sunday July 30 from 12pm (AEST) LIVE and encored throughout the day on Foxtel’s Main Event. Taking place at the Honda Centre in Anaheim, California, UFC 214 will see current champion Cormier seek to avenge his 2015 loss as he defends his title against former titleholder Jones. More than a year after their last fight was cancelled, their feud outside of the ring continues to boil with both fighters using press opportunities to sling insults at each other. The UFC 214 main card will also feature a title fight between current welterweight champion Tyron Woodley and top ranked contender Demian Maia for the welterweight crown, along with Cris Cyborg facing Tonya Evinger for the women's featherweight belt. Click here for Full Fight Card. On Sunday, September 10 from 12 pm LIVE on Foxtel’s Main Event, UFC will host its first-ever event in Edmonton, Alberta, Canada with UFC 215, live from Rogers Place. -
UFC Drug Testing Policy
Joseph Peer Research paper rough draft SPM-373 UFC Drug Testing Policies and History Introduction The Ultimate Fighting Championship (UFC) has a very long history of an ever evolving drug testing policy for its over five hundred athletes. It started in a very crude form, much like the UFC itself, when it began with no gloves, no weight classes, and almost no actual rules. Years ago, the UFC began working with the United States Anti-Doping Agency, to help regulate drug testing and keep the athletes in check. Subsequently, its drug testing, and anti-doping policies went from basically non-existent, to being so strong and controlling that it has become controversial how much power has been given to the United States Anti-Doping Agency (USADA) over the UFC’s athletes. There have been many controversial cases involving everything from tainted urine samples to completely over the top ridiculous punishments for smaller violations. Where did the UFC start from with its drug testing policies, where is it today, and where is it heading in the future? It is very obvious the USADA and the UFC’s fighters are far from agreement on many of the policies, and punishments. Drug Testing Policy The drug testing policy for the UFC has evolved quite a bit since it came into existence, with the main concern being anti-doping. First, doping is defined as the occurrence of one or more of the Anti-Doping Policy Violations set forth in Article 2.1 through Article 2.10 of the Anti-Doping Policy (“UFC Anti-Doping Policy,” 2015 p.#3) These articles cover every possible way an athlete may use, abuse, possess or illegally be in contact with any performance enhancing drug (PED). -
Demand for the Ultimate Fighting Championship: an Econometric
Journal of Business and Economics, ISSN 2155-7950, USA June 2015, Volume 6, No. 6, pp. 1032-1056 DOI: 10.15341/jbe(2155-7950)/06.06.2015/002 © Academic Star Publishing Company, 2015 http://www.academicstar.us Demand for the Ultimate Fighting Championship: An Econometric Analysis of PPV Buy Rates Richard A. McGowan1, John F. Mahon2 (1. Boston College, MA 02467, USA; 2.University of Maine, ME 04469-5723, USA) Abstract: This study provides a framework by which the UFC can analyze the determinants of its PPV buy rates, a form of direct demand for the UFC. Accurately deriving demand is incredibly important in the UFC’s goal to maximize revenue and further grow the sport and equally as important for promoters, TV and cable networks. Given that the endogenous growth of the UFC has slowed greatly, specific event characteristics have emerged as the primary factors that govern the buy rate. Using a combination of empirical regression analysis and industry expertise, the UFC and promoters and others can more accurately estimate the buy rates of upcoming events. Key words: gaming; sports; econometric analysis JEL codes: C1, M1 In the past fifteen years, the sport of mixed martial arts has grown from no-rules, bareknuckle “human cockfighting” into a highly professional and incredibly popular mainstream sport with millions of fans around the world. Since purchasing its biggest rival in 2007, the Las Vegas-based Ultimate Fighting Championship (UFC) has been undisputedly the largest, best quality and most popular MMA promotion in the world. In 2008, Forbes wrote an article calling it the “Ultimate Cash Machine”, valuing it at $1 billion (Miller Matthew, 2008). -
Let's Get Ready to Unbundle!
LET’S GET READY TO UNBUNDLE! It’s Time for the UFC to Offer Individual Fights for Purchase Nick Cornor Abstract A bedrock principle of U.S. Copyright law normally dictates that when a person steals your original work of authorship, a court should issue an injunc- tion and require the violator to pay damages. For centuries this principle has sufficed; however, a lack of deep-pocket defendants and continued lobbying efforts by internet service providers have made this principle untenable when applied to illegal online streaming. This is especially true for the Ultimate Fighting Championship (UFC), a mixed martial arts promoter that has seen its live broadcasts pirated over the internet at an alarming rate, thereby threaten- ing the bulk of its revenue. This Comment advocates that the UFC unbundle its current pay- per-view business model in favor of charging market-based prices for each individual fight. The primary benefit of this approach includes increased rev- enue for the UFC by enticing consumers away from illegal online streaming with lower prices. Potential adjacent benefits include reforming fighter com- pensation schemes, incentivizing fighters to promote their own individual fights, easing controversies regarding unionization efforts by the fighters, and providing the UFC with greater marketing data. Therefore, by unbundling its business model, the UFC will ultimately be able to bypass the shortcomings of U.S. Copyright law and take the lead in a digital media landscape already changing at lightning speeds. * J.D., South Texas College of Law Houston; M.A., University of Oklahoma, 2013; B.S. University of Texas at Arlington, 2008. -
2020 UFC Knockout
BASE FIGHTER CARDS 1 Rose Namajunas Strawweight 2 Joseph Benavidez Flyweight 3 Dan Hooker Lightweight 4 Henry Cejudo Flyweight 5 Weili Zhang Strawweight 6 Khabib Nurmagomedov Lightweight 7 Katlyn Chookagian Flyweight 8 Uriah Hall Middleweight 9 Irene Aldana Bantamweight 10 Maycee Barber Flyweight 11 Maurice Greene Heavyweight 12 Amanda Nunes Bantamweight 13 Petr Yan Bantamweight 14 Daniel Cormier Heavyweight 15 Paulo Costa Middleweight 16 Megan Anderson Featherweight 17 Roxanne Modafferi Flyweight 18 Jennifer Maia Flyweight 19 Alexis Davis Flyweight 20 Holly Holm Bantamweight 21 Marion Reneau Bantamweight 22 Leon Edwards Welterweight 23 Alexander Volkanovski Featherweight 24 Edmen Shahbazyan Middleweight 25 Volkan Oezdemir Light Heavyweight 26 Kamaru Usman Welterweight 27 Santiago Ponzinibbio Welterweight 28 Tony Ferguson Lightweight 29 Gregor Gillespie Lightweight 30 Alistair Overeem Heavyweight 31 Demian Maia Welterweight 32 Omari Akhmedov Middleweight 33 Max Holloway Featherweight 34 Arnold Allen Featherweight 35 José Aldo Featherweight 36 Tatiana Suarez Strawweight 37 Antonina Shevchenko Flyweight 38 Jeremy Stephens Featherweight 39 Zabit Magomedsharipov Featherweight 40 Anthony Smith Middleweight 41 Kevin Lee Lightweight 42 Dustin Poirier Lightweight 43 Amanda Ribas Strawweight 44 Ketlen Vieira Bantamweight 45 Corey Anderson Light Heavyweight 46 Jared Cannonier Light Heavyweight 47 Tyron Woodley Welterweight 48 Kelvin Gastelum Middleweight 49 Aspen Ladd Bantamweight 50 Jack Hermansson Middleweight 51 Khalil Rountree Jr. Light Heavyweight -
Arbitration Award Pursuant to the Ufc Arbitration Rules
ARBITRATION AWARD PURSUANT TO THE UFC ARBITRATION RULES JON JONES, Applicant, vs. UNITED STATES ANTI-DOPING AGENCY ("USADA") Respondent. AWARD 1. INTRODUCTION 1.1. In this, the inaugural proceeding before the UFC Arbitration Panel the issue is as to the appropriate sanction under the UFC ADP rules for an admitted anti-doping policy violation ("ADPV") by Jon Jones ("the Applicant"). 1.2. The Applicant contends that he took a product, which he believed to be a pill of "Cialis"; a medicine whose absence from the WADA prohibited list he had previously checked with his agent, but which unbeknown, indeed unknowable, by him, was contaminated. Therefore he bore, he asserts, at most a light degree of fault in taking it. USADA ("the Respondent") does not accept that explanation and in any event asserts that the Applicant's fault was significant. 1.3. Cialis is itself not a prohibited substance but a legitimate erectile dysfunction medication; its purpose is to enhance sexual not sporting performance. It is manufactured by the well-known 1 pharmacist Eli Lilly and is the brand name of its active agent Tadalafil. 1.4. The product that the Applicant claims to have taken was also called Tadalafil and purported to have the same properties. It was, however, manufactured by the company selling under the name "AllAmericanPeptide.com" ("All American Peptide") to standards far less rigorous than those required by the US Food and Drugs Administration ("the FDA"). 2. THE PARTIES 2.1. The Applicant is a 29-year old mixed martial art (MMA) fighter, with a record of 29-1. -
2019 UFC Chrome Checklist
BASE BASE CARDS 1 Jon Jones Light Heavyweight 2 Leon Edwards Welterweight 3 Marcin Tybura Heavyweight 4 Frankie Edgar Featherweight 5 Georges St-Pierre Middleweight 6 José Aldo Featherweight 7 Elizeu Dos Santos Welterweight 8 Jessica Andrade Strawweight 9 Abu Azaitar Middleweight 10 Rose Namajunas Strawweight 11 Kelvin Gastelum Middleweight 12 Michelle Waterson Strawweight 13 Santiago Ponzinibbio Welterweight 14 Kamaru Usman Welterweight 15 Gökhan Saki Light Heavyweight 16 Mackenzie Dern Strawweight 17 Alex Oliveira Welterweight 18 Zabit Magomedsharipov Featherweight 19 Kevin Lee Lightweight 20 Vicente Luque Welterweight 21 Marion Reneau Bantamweight 22 Anthony Pettis Lightweight 23 Corey Anderson Light Heavyweight 24 Colby Covington Welterweight 25 Khabib Nurmagomedov Lightweight 26 Max Holloway Featherweight 27 Al Iaquinta Lightweight 28 Shamil Abdurakhimov Heavyweight 29 Tatiana Suarez Strawweight 30 Ilir Latifi Light Heavyweight 31 Aspen Ladd Bantamweight 32 Niko Price Welterweight 33 Polyana Viana Strawweight 34 Jessica-Rose Clark Flyweight 35 Yair Rodríguez Featherweight 36 Ricardo Lamas Featherweight 37 Robert Whittaker Middleweight 38 Scott Holtzman Lightweight 39 Yana Kunitskaya Bantamweight 40 Tai Tuivasa Heavyweight 41 Tony Ferguson Lightweight 42 Alejandro Pérez Bantamweight 43 Alexander Hernandez Lightweight 44 Lucie Pudilová Bantamweight 45 Alexander Volkov Heavyweight 46 Ben Askren Welterweight 47 Cezar Ferreira Middleweight 48 Henry Cejudo Flyweight 49 Justin Willis Heavyweight 50 Daniel Cormier Heavyweight 51 Gerald Meerschaert -
Gustafsson Injured; Cormier to Fight Jones in Main Event of Ufc 178
GUSTAFSSON INJURED; CORMIER TO FIGHT JONES IN MAIN EVENT OF UFC 178 Las Vegas – No. 1 light heavyweight contender Alexander Gustafsson has suffered a knee injury that has forced him to withdraw from his UFC 178 bout with champion Jon Jones. As a result, No. 2 contender Daniel Cormier will challenge Jones for the UFC light heavyweight title on Saturday, Sept. 27 at the MGM Grand Garden Arena in Las Vegas. Undefeated at 15-0 in his pro career, Cormier owns UFC victories over the likes of Frank Mir, Roy Nelson, Patrick Cummins and Dan Henderson. A two-time U.S. Olympian and former standout wrestler at Oklahoma State University, Cormier has long been considered a potential threat to Jones’ reign as 205-pound champion. He and Jones have traded words in the press for months regarding a potential fight and their feud only intensified once Cormier moved to the light heavyweight division at the start of 2014. This heated rivalry will now finally be settled inside the Octagon® on Sept. 27 in what could be one of the biggest events of the year. An updated UFC 178 press tour schedule, as well as ticket information, will be released in the days to come. About the Ultimate Fighting Championship® Owned and operated by Zuffa, LLC, the Ultimate Fighting Championship® (UFC®) is the premier mixed martial arts (MMA) organization and largest pay-per-view event provider in the world. Headquartered in Las Vegas with offices in London, Toronto, Beijing, Singapore and Sao Paulo, UFC produces more than 40 live events annually that consistently sell out some of the most prestigious arenas around the globe.