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Constangy Clips Ep. 11 - Summer Interns and Short-Term Workers: 3 Tips for Managing Seasonal Hires
Navigating Contractor vs. Employee Classification
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Employment Law Now VIII-154 - Court Invalidates DOL's 2024 Overtime Salary Threshold Increases
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The Burr Broadcast: FLSA Overtime Exemption
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VIDEO: Major Changes Coming for Employers
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The Burr Broadcast: New Independent Contractor Rule
DE Under 3: US DOL's WHD Published Its “Employee or Independent Contractor” Classification Final Rule
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Podcast: California Employment News - The Basics of Pay Exemptions
California Employment News: The Basics of Pay Exemptions
The debate over fair compensation for NCAA athletes has intensified, shifting from if athletes should be paid to how they should be compensated. The rise of Name, Image, and Likeness (NIL) payments has added momentum to this...more
Our Education Group discusses how college and university legal counsel can track and prepare for changes in student-athletes’ employment status....more
As previously reported here, on July 11, 2024, the U.S. Court of Appeals for the Third Circuit (the Third Circuit) ruled that collegiate student athletes could theoretically be considered employees of their respective...more
On New Year’s Eve, the union attempting to organize Dartmouth College's men’s basketball team dropped its NLRB case after winning a groundbreaking decision in February 2024 from a NLRB Regional Director who decided that the...more
The ongoing battle to turn NCAA student-athletes into employees continued this week. As reported here early this year, in February, Laura Sacks, Regional Director of Region 1 of the National Labor Relations Board, issued a...more
In Johnson v. National Collegiate Athletic Association (NCAA), the US Court of Appeals for the Third Circuit held that student athletes should be permitted to pursue a claim under the Fair Labor Standards Act (FLSA). The...more
Introduction - In the past three years, groundbreaking legal and structural changes have shaken collegiate sports. In June 2021, a unanimous Supreme Court held in NCAA v. Alston, 594 U.S. 69 (2021), that the NCAA and some...more
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
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
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
The National Collegiate Athletic Association (NCAA) has long argued that college athletes are amateurs exempt from minimum wage and overtime under the Fair Labor Standards Act (FLSA). Until last week, courts around the United...more
On July 11, 2024, the U.S. Court of Appeals for the Third Circuit issued its long-awaited decision in Johnson, et al. v. National Collegiate Athletic Association, et al., holding that college athletes may be employees under...more
Key Points - The NLRB’s General Counsel issued a memorandum providing her position that the NLRA protects student-athletes who “perform services for their colleges and the NCAA, in return for compensation” and are...more
Following the NCAA’s recent policy announcement to allow current student-athletes to benefit from the use of their name, likeness and image, a former college athlete has filed a class and collective action complaint against...more
Seyfarth Synopsis: The Ninth Circuit has held that, under federal and California law, college student-athletes are not employees of either the NCAA or the Pac-12, the regulatory bodies that govern college sports....more
“Close some doors today. Not because of pride, incapacity or arrogance, but simply because they lead you nowhere.” This quote (attributed to Brazilian author Paulo Cuelho) comes to mind with last month’s filing of yet another...more
As the U.S. Supreme Court stated in a 1984 decision involving the University of Oklahoma, there exists in this country a “revered tradition of amateurism in college sports.” Despite this tradition, there have been an...more
Just a quick update on a couple of our recent stories for you wage and hour litigation junkies: Back on December 5, a three-judge panel of the 7th Circuit Court of Appeals affirmed dismissal of a case in which two former...more
The NCAA and its member institutions scored another win last week in a Chicago courtroom when the Seventh Circuit closed the book on former student-athletes' proposed class action claiming that their participation in college...more
The Seventh Circuit Court of Appeals has affirmed a lower court decision holding that student athletes' participation in college sports does not make them school employees entitled to compensation, a decision that should...more
Back in August, the National Labor Relations Board threw the higher education community a curve ball ruling that student assistants at Columbia University were employees under the National Labor Relations Act, and were...more
In another blow to legal arguments that student-athletes should be paid as employees, the U.S. District Court for the Southern District of Indiana recently concluded that student-athletes at the University of Pennsylvania...more