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NCAA Fair Labor Standards Act (FLSA) Educational Institutions

Alston & Bird

How College Legal Departments Can Prepare for Changes in Student-Athletes’ Employment Status

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Our Education Group discusses how college and university legal counsel can track and prepare for changes in student-athletes’ employment status....more

Venable LLP

Johnson v. NCAA: Student-Athlete Employment Status in the Second Trump Administration

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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

Genova Burns LLC

From Backcourt To The Gridiron, Universities Oppose The NLRB’s Enforcement Position Regarding Their Athletes

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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

CDF Labor Law LLP

Organized Labor Ups the Ante with Push to Turn Student-Athletes Into Employees

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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

Morgan Lewis

Third Circuit Establishes New Employee Test for Student Athletes

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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

Robinson & Cole LLP

Legal Update: NCAA Athletes As Employees Of Their Schools Gains Momentum In Federal Court And The NLRB

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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

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

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

Littler

Pay to Play? Third Circuit Holds NCAA Athletes Can Be Considered Employees

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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

McGuireWoods LLP

Third Circuit Intercepts NCAA’s Hail Mary Pass on Collegiate Athletes’ Employment Status

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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

Akin Gump Strauss Hauer & Feld LLP

NLRB GC Memo Says Certain College Athletes Are Employees, Have Right to Unionize

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

Jackson Lewis P.C.

Former College Athlete Sues NCAA, Member Schools For Student-Athlete Pay

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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 Shaw LLP

Student-Athletes Are Students—And Athletes—But Not Employees

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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

Foley & Lardner LLP

Repeat After Me: College Athletes Are Not School Employees Under the FLSA

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“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

Fisher Phillips

From The Playing Field To The Courtroom: The State Of Current Legal Challenges Brought By Student-Athletes

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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

Franczek P.C.

Penn Students Seek Rehearing, DOL Files Brief in OT Rules Appeal

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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

Baker Donelson

Seventh Circuit Sidelines Claims That Student-Athletes Are "Employees" Under The FLSA

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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

Ballard Spahr LLP

Student Athletes Are Not Employees Under FLSA, Circuit Court Affirms

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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

Franczek P.C.

Seventh Circuit Says Student Athletes Are Not Employees

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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

Holland & Knight LLP

Court Rules That Student-Athletes Are Not Employees Under the FLSA - The U.S. District Court Decision Is Another Win for the NCAA...

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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

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