News & Analysis as of

Student Athletes Employee Definition

Lowndes

Can Student-Athletes Be Considered Employees?

Lowndes on

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

Kaufman & Canoles

Parting Wisdom: Outgoing Departments of Education and Justice Weigh In on NIL

Kaufman & Canoles on

In the wake of the pending House settlement, the Third Circuit’s opinion in Johnson v. NCAA, and the NLRB’s push for athlete employment and unionization, the spotlight has predictably shifted to colleges and universities who...more

Venable LLP

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

Venable LLP on

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

Genova Burns LLC on

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

Efforts to Turn NCAA Student-Athletes Into Employees Takes A Major Step Backwards

CDF Labor Law LLP on

In September 2023, the Service Employees International Union filed a Petition to represent the players on the Dartmouth College “Men’s Basketball Team.” In March 2024, an election was held. Dartmouth College’s mens’...more

Fisher Phillips

Dartmouth Basketball Team Withdraws Petition to Form First Student-Athlete Union: 5 Compliance Tips for Colleges and Universities

Fisher Phillips on

The country’s first unionized college basketball team is no more. After making history just under a year ago, the union representing Dartmouth College men’s basketball players withdrew its petition on December 31 and will no...more

CDF Labor Law LLP

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

CDF Labor Law LLP on

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

Jackson Lewis P.C.

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

Jackson Lewis P.C. on

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

Williams Mullen

Appellate Court Rules that NCAA Athletes May Qualify as Employees Under the Fair Labor Standards Act

Williams Mullen on

On July 11, the United States Court of Appeals for the Third Circuit (with appellate jurisdiction over federal courts in Delaware, New Jersey and Pennsylvania) issued a decision in Johnson v. National Collegiate Athletic...more

Troutman Pepper Locke

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

Troutman Pepper Locke on

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

Fox Rothschild LLP

Are Student Athletes Employees For FLSA Purposes-The Third Circuit Weighs In

Fox Rothschild LLP on

The issue of whether student athletes are “employees” and subject to FLSA coverage has been hotly contested for a number of years. The colleges assert the players are amateurs and thus not subject to coverage. The Third...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

Benesch

The Clash of Antitrust Law and the NCAA: The Third Circuit Suggests a Test to Determine if Athletes Qualify as Employees on the...

Benesch on

On July 11, the Third Circuit laid out a test to settle the debate as to whether athletes are truly amateurs or actual employees entitled to benefits under the Fair Labor Standards Act (“FLSA”)....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...

Seyfarth Shaw LLP on

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

Littler on

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

Proskauer - Labor Relations Update

House Considers Bill Declaring Student Athletes Not Employees

On Thursday, June 13, 2024, the U.S. House of Representatives Education and Workforce Committee held a hearing on H.R. 8534, entitled “The Protecting Student Athletes’ Economic Freedom Act” (“Act”). If passed, the Act would...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,...

The Practical NLRB Advisor: Spring 2024

The Spring 2024 edition of the Advisor is a compilation of good and bad news for employers. On the good news side, we discuss several current challenges to administrative agency authority in general, and the National Labor...more

CDF Labor Law LLP

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

CDF Labor Law LLP on

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

Franczek P.C.

Dartmouth Basketball Players Vote to Unionize after NLRB Declares Them Employees

Franczek P.C. on

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

Parker Poe Adams & Bernstein LLP

North Carolina Governor Rescinds Executive Order on NIL

Over the last three years, following the implementation of an interim policy from the NCAA in July 2021, college student-athletes have been able to pursue name, image, and likeness (NIL) deals. In addition to the NCAA rules,...more

Poyner Spruill LLP

NLRB Determines Varsity Basketball Players Are University Employees

Poyner Spruill LLP on

In September 2023, fifteen members of Dartmouth College’s varsity men’s basketball team sought to join Service Employees International Union, Local 560 (“Union”), which is the “exclusive representative” of Dartmouth...more

Fisher Phillips

Are Your Student-Athletes Employees? NLRB Regional Director Says So

Fisher Phillips on

A National Labor Relations Board Regional Director recently ruled that non-scholarship college basketball players are “employees” under federal labor law, setting the table for a potential seismic shift in the way your...more

Bricker Graydon LLP

Making Sense of the Dartmouth Decision | Part 3

Bricker Graydon LLP on

In Part One of our 3-part series, we touched on the background and landscape that led up to the Dartmouth decision. In Part Two, we explored the decision itself and pulled on the strings that the National Labor Relations...more

Bricker Graydon LLP

Making Sense of the Dartmouth Decision | Part 2

Bricker Graydon LLP on

Having introduced the cast and set the scene in part 1 of this 3-part series, we turn now to the details. But before doing so, let’s get one thing out of the way – you likely won’t have unionized players on campus...more

63 Results
 / 
View per page
Page: of 3

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide