News & Analysis as of

NCAA Fair Labor Standards Act (FLSA) Name and Likeness

Venable LLP

Possible Trump Executive Order on NIL Reform Would Face Legal Challenges

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After meeting with former University of Alabama football coach and seven-time national champion Nick Saban, President Trump is considering forming a college sports commission and issuing an executive order to establish...more

Morgan Lewis

The Future of College Sports: A Monetary and Regulatory Maze

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Following the House v. NCAA settlement, which provides for backpay and permits revenue sharing with student athletes, Division I colleges and universities are grappling with regulatory, compliance, and financial challenges...more

Bricker Graydon LLP

What You Missed This Summer in Higher Ed Athletics - The House Settlement and Johnson Ruling  

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This summer brought significant legal and administrative changes to college athletics, reshaping the landscape for the upcoming academic year. Key court rulings, including the landmark House v. NCAA settlement, have mandated...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

BakerHostetler

International Student-Athletes and Their Eligibility for NIL Partnerships

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NIL partnerships between businesses and collegiate student-athletes remain a lucrative opportunity. In fact, marketing and advertising through student-athletes has been so successful that the NIL industry is projected to soon...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

Bradley Arant Boult Cummings LLP

Work Hard, Play Hard: Third Circuit Establishes Test for Analyzing Employee Status of NCAA College Athletes Under FLSA

The landscape of college sports is undergoing rapid transition, driven by significant changes such as the advent and growth of name, image, and likeness (NIL) rights for college athletes and the House v. NCAA proposed...more

McCarter & English, LLP

Some Student Athletes May Now Be Considered “Employees” Entitled to Protections Under the Fair Labor Standards Act

When, if ever, are college athletes “employees” who are entitled to compensation rather than simply students playing games? The United States Court of Appeals for the Third Circuit recently shed a little more light on the...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

Venable LLP

Game Time Decision: Another District Court Will Decide if College Athletes Are Employees

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U.S. college athletes may soon be considered employees entitled to minimum wage under federal law. In a recent decision, the Third U.S. Circuit Court of Appeals ruled that college athletes could theoretically be considered...more

Bond Schoeneck & King PLLC

Are Division I Intercollegiate Athletes Employees? Perhaps

Challenges to the rules of the National Collegiate Athletics Association (NCAA) have increased in recent years. The U.S. Supreme Court struck the NCAA’s rule against paying intercollegiate athletes for use of their name,...more

Carr Maloney P.C.

Unions for College Athletes – Some Food for Thought

Carr Maloney P.C. on

The Dartmouth College Men’s Basketball Team recently petitioned the National Labor Relations Board (NLRB) for recognition of their rights as “employees” of the College to form a union and bargain over their relationship to...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Dartmouth Basketball Players Vote to Be First College Athletes Represented by a Union

On March 5, 2024, players on the Dartmouth College men’s basketball team voted to unionize, making the group the first college sports team to do so in the United States. Dartmouth College has already filed an appeal with the...more

Holland & Knight LLP

NCAA President's Proposal Resets the Playing Field

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With the College Football Playoff completed, the NCAA has reached an inflection point. After decades of austerity in providing benefits to student-athletes, NCAA President Charlie Baker recently sent a letter to Division I...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

McCarter & English, LLP

Recent Congressional Hearings Signal Major NIL Changes Are Coming

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University administrators, coaches, athletes and sports management agencies should all be aware of the emerging debate in the halls of Congress concerning the status of the name, image, likeness rule (NIL) and how this...more

Troutman Pepper Locke

U.S. Senate Committee Hears Testimony About the Need for Uniform NIL Regulation That Would Exempt Student-Athletes From Federal...

Troutman Pepper Locke on

On October 17, the U.S. Senate Judiciary Committee heard testimony from witnesses about the need for reform in college athletics, including the possibility of establishing a national standard for regulating Name, Image, and...more

Venable LLP

NLRB Executing Its Gameplan to Treat Student Athletes as Employees

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We previously reported on General Counsel Jennifer Abruzzo's announcement of the National Labor Relations Board's (NLRB) gameplan to treat certain student athletes at private colleges and universities (together, "Academic...more

Kohrman Jackson & Krantz LLP

New NCAA President Marks Change from Long Line of Predecessors in College Administration

On March 1, 2023, the NCAA officially welcomed its ninth president, Charlie Baker. The 66-year-old former governor of Massachusetts and private-sector CEO breaks the typical mold of college administrators at the helm of the...more

Bricker Graydon LLP

The Saga Continues: Are Student Athletes Employees?

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This question, once settled, has seen increased scrutiny in recent years both from the National Labor Relations Board and courts that have considered the issue.2 One of those courts – the Third Circuit Court of Appeals, which...more

Kaufman & Canoles

Sports & Entertainment Client Alert - What to Watch for in 2023

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Following an eventful and evolving sports landscape in 2022, KaufCan Sports is keeping tabs on a number of noteworthy areas in the Sports Law world for 2023. From NCAA and its student-athletes to disruption in world golf to...more

Bass, Berry & Sims PLC

College Athletics: Three Things for Campus Counsel to Keep an Eye On

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Athletics on campus are currently in full swing. Football continues toward its various bowls and championships, while men’s and women’s basketball competitions have just begun, not to mention the many other fall and winter...more

BakerHostetler

Continued Antitrust Focus on the Labor Market in the Wake of NCAA v. Alston

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Almost one year has passed since the Supreme Court’s unanimous antitrust decision in NCAA v. Alston. That well-publicized decision affirmed the District Court’s rejection of the NCAA’s limits on education-related compensation...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

White and Williams LLP

Division I Athletes Can Proceed with Wage Claim

The United States Supreme Court recently reshaped the relationship between universities and the athletes who play college sports in National Collegiate Athletic Association v. Alston et al. In the Alston case, the Court...more

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