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The National Labor Relations Act › Educational Institutions › NCAA

The National Labor Relations Act is a United States federal statute enacted in 1935 to prevent labor strife by encouraging collective bargaining, protecting concerted activity and curtailing certain unfair labor... more +
The National Labor Relations Act is a United States federal statute enacted in 1935 to prevent labor strife by encouraging collective bargaining, protecting concerted activity and curtailing certain unfair labor practices by private sector managament and labor.  less -
Fox Rothschild LLP

New Game Plan: White House and Congress Move to Clarify Student Athlete Unionization Rights

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Last week, both Congress and President Trump took steps that could reshape how labor and employment laws apply to student athletes in higher education. While neither action will have immediate legal effect, together they...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

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

NCAA Athletes as Employees Could Raise Immigration Concerns for International Students

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A recent National Labor Relations Board (NLRB) ruling that the men’s college basketball players at Dartmouth College were employees of the school, as well as other legal challenges to establish the employment status of...more

CDF Labor Law LLP

True March Madness: NLRB Declares That Dartmouth Basketball Players Are Employees

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In December, this blog alerted readers that in Memorandum GC 21-08, the National Labor Relations Board’s (NLRB) General Counsel Abruzzo declared that certain student-athletes “at Academic Institutions are employees under the...more

Husch Blackwell LLP

Labor Law Insider—Dartmouth Basketball Team Unionizes: The NLRB Sets a Pick for Unions

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Legendary basketball player Magic Johnson said, “The only thing that matters is the score.” Well, the score is 13 to 2, considering the votes for a union representing the Dartmouth College men’s basketball team. For college...more

Franczek P.C.

Dartmouth Basketball Players Vote to Unionize after NLRB Declares Them Employees

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In a historic election on March 5, 2024, the Dartmouth College men’s basketball team voted 13-2 to unionize. The vote took place exactly one month after an NLRB regional director ruled that Dartmouth men’s basketball players...more

Bricker Graydon LLP

Making Sense of the Dartmouth Decision | Part 1

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It wasn’t cash, an NIL deal, or even an athletic scholarship, but it was compensation according to National Labor Relations Board (NLRB) Region 1 Director, Laura Sacks. By providing its men’s basketball team with apparel,...more

Steptoe & Johnson PLLC

Student-Athletes Score Big for Union Rights as NLRB Regional Director Recognizes Dartmouth’s Basketball Team as ‘Employees’

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Higher education has seen a marked increase in labor and union activities on public and private campuses, even reaching historic levels in the past couple of years with campus strikes and organizing by student workers....more

FordHarrison

The Fight Continues for Employee Status – Dartmouth Men's Basketball Players Are Employees Under the NLRA

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Summary: On February 5, 2024, the National Labor Relations Board’s (NLRB or Board) Regional Director for Region 1 (Boston) announced that Dartmouth College men’s basketball players are employees under the National Labor...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

CDF Labor Law LLP

NCAA Proposes Classifying Certain NCAA Student Athletes as Employees

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The National Labor Relations Board (NLRB) has been pushing hard to turn certain Division I college-level student-athletes into employees, at least for purposes of organizing and collective bargaining rights under the National...more

CDF Labor Law LLP

Are Revenue Generating NCAA Student-Athletes Employees? California NLRB Office Says YES.

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Last week, Region 31 of the National Labor Relations Board, based in Los Angeles, filed a complaint (Case No. 31-CA-290326) alleging that the University of Southern California (USC), the Pac 12 (Pac-12) Conference and the...more

Robinson & Cole LLP

NLRB GC Files Complaint Alleging USC’s Football and Basketball Players are Employees

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Are Division I athletes who play football and basketball “student-athletes” or “employees”? The National Labor Relations Board’s General Counsel (GC) has filed a complaint against the NCAA, the PAC-12, and the University of...more

Jenner & Block

Students or Employees?: The National College Players Association Files Charges Asserting Student Athletes are Employees under the...

Jenner & Block on

On February 8, 2022, the National College Players Association (NCPA), an advocacy group for college athletes, filed unfair labor practice charges before the National Labor Relations Board (NLRB) against the National...more

Troutman Pepper Locke

From “Student-Athletes” to “Players”: ‎A Review of the 2021 Legal ‎Developments Shaping a New ‎Reality of College Sports

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The year 2021 marked a watershed in the legal relationship between college athletes, their institutions, and the NCAA. On June 21, the United States Supreme Court unanimously struck down NCAA rules restricting the amount...more

McGuireWoods LLP

NLRB General Counsel Memo Announces Initiative to Treat College Athletes as Employees

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On Sept. 29, 2021, the National Labor Relations Board (NLRB) general counsel issued General Counsel Memorandum GC 21-08, in which she announces that she believes certain college student-athletes are “employees” under the...more

Goulston & Storrs PC

Are Student-Athletes Employees or Students? The NLRB General Counsel Issues Non-Binding Guidance

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On September 29, 2021, the National Labor Relations Board’s (NLRB) new General Counsel issued a memorandum that student-athletes at private colleges and universities should be considered employees under the National Labor...more

McNees Wallace & Nurick LLC

NLRB’s General Counsel Issues Memo on Employee Status of Certain College Players

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The General Counsel of the National Labor Relations Board (NLRB) issued a Guidance Memorandum last week establishing her position that certain players at academic institutions are employees as defined by National Labor...more

Akin Gump Strauss Hauer & Feld LLP

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

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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

Foley & Lardner LLP

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

Foley & Lardner LLP on

“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

Cozen O'Connor

NLRB General Counsel Takes a Bold Stance on Student Athletes

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More than a year and a half after the National Labor Relations Board (NLRB or the Board) ruled that Northwestern University’s football players could not form a union, NLRB General Counsel Richard Griffin announced his...more

Franczek P.C.

Seventh Circuit Says Student Athletes Are Not Employees

Franczek P.C. on

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

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