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Student Athletes National Labor Relations Board Employees

Spilman Thomas & Battle, PLLC

The Academic Advisor - Education Law Insights, Issue 2, March 2025

Welcome to our second issue of The Academic Advisor for 2025. In this edition, we cover the following topics of interest for schools, institutions of higher education, and other education-focused organizations: - the...more

Shipman & Goodwin LLP

NLRB Acting General Counsel Rescinds Biden-Era Guidance

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On February 14, the Acting General Counsel of the National Labor Relations Board (NLRB), William Cowen, issued a memo (GC 25-05) that rescinds a long list of memos by the previous General Counsel, Jennifer Abruzzo. Although...more

Fisher Phillips

Acting NLRB Counsel Rolls Back Many Biden-Era Labor Memos and Begins Process of Changing U.S. Labor Laws: What Employers Need to...

Fisher Phillips on

The Acting General Counsel of the National Labor Relations Board just signaled a new policy direction for labor law under the Trump administration by rescinding more than a dozen policies endorsed by previous leadership....more

CDF Labor Law LLP

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

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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

Conn Maciel Carey LLP

Some Athletes Say “Show Me the Money” and a Union Third Circuit and NLRB General Counsel Lead the Way

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Some college athletes are demanding “show me the money!” in a way that could upend how we understand college athletics, how certain college sports programs are managed outside of institutional rules, policies, and procedures,...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

Whiteford

Employment Law Update: How Will the NCAA’s Settlement With College Athletes Impact Their Employment Status?

Whiteford on

On May 23, 2024, the NCAA and the Power 5 conferences announced a $2.8 billion settlement that was reached in several antitrust class action lawsuits concerning payment for college athletes. The settlement marked a watershed...more

Constangy, Brooks, Smith & Prophete, LLP

Implications of NLRB Regional Office decision on Dartmouth basketball players

In a February 2024 decision, a National Labor Relations Board Regional Director held that Dartmouth College men’s basketball players were “employees” for purposes of the National Labor Relations Act and entitled to unionize....more

FordHarrison

EntertainHR: How Employers Can Avoid a ‘Technical Foul’ When Faced with Union Organizing

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With March Madness in full swing, thousands of us will gather around to watch young, talented athletes battle for the coveted National Title. Many of us are drawn to college basketball because of what it represents: young,...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

Conn Maciel Carey LLP

Dartmouth Basketball Unionization and What’s Next

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As March Madness officially begins in college basketball, it seems like the perfect opportunity to discuss the recent unionization buzz amongst college basketball athletes. Background College athletes have attempted to...more

Pillsbury Winthrop Shaw Pittman LLP

NLRB Shoots Its Shot: Dartmouth Basketball Players Deemed Employees, Allowed to Hold Union Election

Region 1 of the National Labor Relations Board (NLRB) found that student-athletes on the Dartmouth College men’s basketball team are “employees” within the meaning of the National Labor Relations Act (NLRA) and directed a...more

Bowditch & Dewey

Game Changer? The NLRB Rules that Dartmouth Basketball Players Are Employees

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In what may be a game-changer for many college athletics programs, a National Labor Relations Board (NLRB) regional official ruled on February 12 that members of the Dartmouth College men’s basketball team are employees of...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

Troutman Pepper Locke

NLRB Rules That Dartmouth Basketball Players Are Employees

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On February 5, the regional director for Region 1 of the National Labor Relations Board (NLRB or Board) ruled that the student-athletes on Dartmouth College’s men’s basketball team are “employees” under the National Labor...more

Ballard Spahr LLP

NLRB Regional Director Rules Dartmouth’s Basketball Players are School Employees

Ballard Spahr LLP on

On Monday, February 5, a Regional Director of the National Labor Relations Board (NLRB) issued a ruling that Dartmouth College basketball players are employees of the school, allowing them to vote on unionizing. The NLRB’s...more

Fox Rothschild LLP

NLRB Official Finds Dartmouth Basketball Players are “Employees” and Authorizes a Union Vote

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In a hotly contested case, the NLRB regional director for the region covering most of New England has found that Basketball Players at Dartmouth are the university’s “employees” under the National Labor Relations Act. They...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

Jackson Lewis P.C.

Competition for Control of College-Athletes Enters New Playing Field

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November 7, 2023, may become a monumental day in the history of the National Collegiate Athletic Association (NCAA). It is the first day of a potentially groundbreaking hearing. Region 21 of the National Labor Relations Board...more

Husch Blackwell LLP

Back to School: What You Need to Know as the NLRB Pursues Unfair Labor Practice Charges on Behalf of College Athletes

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College athletes will return to competition in a few weeks. They will also return to the courtroom. This time, it relates to the treatment of student-athletes under the National Labor Relations Act (NLRA). On May 18, 2023,...more

Bradley Arant Boult Cummings LLP

Teach, Hit the Lab, Grade Some Papers and… Unionize? NLRB Rules That Private University Graduate Students Can Unionize

Are PhD students at a private university who also teach courses and grade papers – tasks that are a part of their development but also certainly assist the university – employees who can unionize? The NLRB said yes for a...more

Husch Blackwell LLP

The Labor Law Insider: Recent U.S. Supreme Court, NLRB Decisions Highlight Labor Issues in Higher Education

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Host Tom Godar is joined by two special guests, Tyler Paetkau and Jason Montgomery, for a special Higher Education edition of the Labor Law Insider. In this first part of a two-part podcast, the panel takes on two recent and...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

Fisher Phillips

Labor Board Advances Claims that Student-Athletes Are Employees: What Does Your Athletic Department Need to Know?

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NLRB General Counsel Jennifer Abruzzo just took another big step in the continuing saga surrounding college sports by filing a complaint seeking to have student-athletes classified as employees under the National Labor...more

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