News & Analysis as of

College Athletes Wage and Hour

Fisher Phillips

What Should Your Athletic Department Know About Trump’s New NIL Executive Order Attacking “Pay for Play” Deals? 3 Steps For...

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In yet another sweeping move impacting college athletics, President Trump just signed an Executive Order seeking to ban “third-party, pay-for-play payments to collegiate athletes,” while still allowing athletes to enter into...more

Fisher Phillips

2025 Summer Reading List for Educational Leaders

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Another school year is winding down, and educational leaders perhaps have never been more ready for summer break. From the Trump administration’s significant policy shifts to deeply consequential litigation playing out to...more

Troutman Pepper Locke

Texas NIL Update: Texas Gears Up for a Post-House Settlement World and Beyond

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Texas’s biennial legislature is in session, and revamping Texas’ name, image, and likeness (NIL) laws to keep up with the developments across the U.S. seems to be a hot topic. As of the date of this post, state...more

Eversheds Sutherland (US) LLP

Film Room

Happy new year and welcome to 2025, a year of unprecedented change in college athletics. This is Film room, where we’ll break down the whirlwind of legal and regulatory activity in college athletics....more

Bricker Graydon LLP

[Ongoing Program] Session 4: Tackling Areas of High Risk in Your Athletics Department - October 8th, 12:00 pm - 1:00 pm ET

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The 2nd Annual Athletic Department Toolkit Series: Balancing Compliance and Competitive Success in an Era of Change (Higher Education) - New year, new topics. Stay up-to-date on current and forward-looking legal and...more

Bricker Graydon LLP

[Ongoing Program] Session 3: Play Offense, Not Defense: Complying with Title IX in an Ever-Changing Environment - October 1st,...

Bricker Graydon LLP on

The 2nd Annual Athletic Department Toolkit Series: Balancing Compliance and Competitive Success in an Era of Change (Higher Education) - New year, new topics. Stay up-to-date on current and forward-looking legal and...more

Bricker Graydon LLP

[Ongoing Program] Session 2: The Current Landscape of Student-Athlete Compensation - September 24th, 12:00 pm - 1:00 pm ET

Bricker Graydon LLP on

The 2nd Annual Athletic Department Toolkit Series: Balancing Compliance and Competitive Success in an Era of Change (Higher Education) - New year, new topics. Stay up-to-date on current and forward-looking legal and...more

Bricker Graydon LLP

[Ongoing Program] Session 1: The New Department of Labor Overtime Exemption Rule: What Your Athletics Department Needs to Know for...

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The 2nd Annual Athletic Department Toolkit Series: Balancing Compliance and Competitive Success in an Era of Change (Higher Education) - New year, new topics. Stay up-to-date on current and forward-looking legal and...more

Jackson Lewis P.C.

Impacts of Third Circuit’s Decision on Student-Athletes as Employees

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In a landmark decision, the U.S. Court of Appeals for the Third Circuit rejected the NCAA’s argument that, because student-athletes voluntarily participate in college athletics, they cannot simultaneously be students and...more

Troutman Pepper Locke

Third Circuit Holds That NCAA Athletes May Qualify as Employees Under the FLSA

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Recently, in Johnson v. NCAA, the U.S. Court of Appeals for the Third Circuit held that, depending upon the surrounding circumstances, student-athletes may qualify as employees under the Fair Labor Standards Act (FLSA). This...more

Parker Poe Adams & Bernstein LLP

Third Circuit Sets Test for Wage Payment to College Athletes

In its Alston decision in 2021, the U.S. Supreme Court ended the legal assumption that NCAA athletes were pure amateurs, exempt from a range of legal protections extended to workers. Since that decision, courts have faced a...more

Ballard Spahr LLP

Third Circuit Affirms College Athletes May Qualify as Employees Under FLSA

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On July 11, 2024, a three-judge panel of the U.S. Court of Appeals for the Third Circuit ruled in Johnson v. NCAA that certain college athletes may qualify as employees of their schools or the NCAA under the Fair Labor...more

Seyfarth Shaw LLP

Game, Set,… and On to the Match: Third Circuit Breaks Precedent, Recognizing That Collegiate Athletes May Assert a Claim Under the...

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On Thursday, the Third Circuit held that collegiate athletes may assert a claim under the Fair Labor Standards Act. The decision in Johnson v. National Collegiate Athletic Ass’n, — F.4th –, 2024 WL 3367646 (3d Cir. July 11,...more

Kaufman & Canoles

K&C Sports & Entertainment Law Weekly Roundup - July 2024 #3

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Dick’s Sporting Goods Inc. and a man who claims he suffered permanent eye damage because of a defective golf practice net bought from the company are asking a Georgia federal judge to keep his litigation on hold while they...more

Fisher Phillips

Play for Pay? Bombshell Ruling Upends Amateurism in College Sports

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Yesterday, a federal appeals court became the first to rule that student-athletes at NCAA Division I schools can bring a lawsuit claiming they are employees and may be entitled to minimum wage and overtime payments under...more

Fisher Phillips

House of Cards? How the $2.7 Billion NCAA Settlement Might Transform the Employment Status of Student-Athletes

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The National Collegiate Athletic Association is on the verge of settling a major antitrust lawsuit that may radically alter the equation when it comes to student-athlete employment. The pending settlement in House v. NCAA...more

Alston & Bird

Class Action & MDL Roundup 2023 Q4 - Not All Cases Survive and Advance

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Welcome to the Class Action & MDL Roundup, our quarterly review of decisions and settlements in the class action arena. In this edition, student-athletes win an NIL round, Canadians in California isn’t personal...more

Troutman Pepper Locke

NLRB Rules That Dartmouth Basketball Players Are Employees

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On February 5, the regional director for Region 1 of the National Labor Relations Board (NLRB or Board) ruled that the student-athletes on Dartmouth College’s men’s basketball team are “employees” under the National Labor...more

BCLP

NLRB Regional Director Determines Dartmouth Basketball Players Are Employees

BCLP on

In a much-anticipated decision issued on Monday, February 5, 2024, Region 01 of the National Labor Relations Board (the “NLRB”) decided that the players on the Dartmouth College men’s basketball team qualify as employees...more

Robinson & Cole LLP

Cash for College Athletes, NIL Only Scratches the Surface

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Allowing college athletes to be paid for their name, image, and likeness (NIL) has changed college sports, but several decisions that are due in the coming months could make college sports unrecognizable. First, several...more

Console and Associates, P.C.

Student Athletes Sue the NCAA Under the Fair Labor Standards Act

For many youths, playing on a college sports team is a dream come true. However, the reality of collegiate sports isn’t always as glamorous as aspiring athletes believe it to be. For example, the governing body of college...more

Fisher Phillips

Could the Collective Association Provide an Alternative to Employment Status for Student-Athletes? 5 Tips for Universities

Fisher Phillips on

An alternate solution to the ever-increasing push to make collegiate student-athletes employees may finally be on the horizon. The lack of uniformity in state name, image, and likeness (NIL) laws has created an uneven playing...more

Littler

Montana Enacts a Name, Image, and Likeness Law for Student-Athletes

Littler on

Montana Senate Bill 248 went into effect on June 1, 2023. This law allows student-athletes to earn compensation from Name, Image, and Likeness (NIL) endorsement deals and is part of a trend of NIL legislation being passed by...more

CDF Labor Law LLP

Collegiate Athletes to Share in Sports Revenue in California?

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Earlier this year, we blogged about the NLRB’s aggressive moves to try to make revenue-generating college athletes employees, at least for purposes of the National Labor Relations Act. Earlier this month, the California...more

Sheppard Mullin Richter & Hampton LLP

What the Third Circuit’s Looming Decision Regarding Whether College Athletes Can Constitute “Employees” Will Mean for Universities...

The Third Circuit is expected to soon make a decision as to whether student-athletes can be considered university “employees” under the Fair Labor Standards Act (“FLSA”). But its interpretation of the law might reverberate...more

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