News & Analysis as of

Unions Name and Likeness The National Labor Relations Act

Jackson Lewis P.C.

NLRB Acting GC: Student-Athletes Are Not Employees

Jackson Lewis P.C. on

On February 18, 2025, National Labor Relations Board Acting General Counsel William Cowen rescinded a September 2021 memorandum in which former Board General Counsel Jennifer Abruzzo declared college athletes should be...more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

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

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

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

McAfee & Taft

Dartmouth basketball players deemed ‘employees’ under the National Labor Relations Act

McAfee & Taft on

Over the past few years, the rights of collegiate athletes have continued to expand, with name, image and likeness (NIL) deals being a hot topic of conversation and a way for student athletes to obtain significant...more

Robinson & Cole LLP

Cash for College Athletes, NIL Only Scratches the Surface

Robinson & Cole LLP on

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

Spilman Thomas & Battle, PLLC

Put Me in (a Bargaining Unit) Coach! - The NLRB Affirms Its Commitment to Treating Many Collegiate Athletes as Employees

Consistent with a continued expansion of statutory rights under the National Labor Relations Act ("NLRA"), the General Counsel of the National Labor Relations Board ("NLRB") confirmed her view that certain athletes at...more

Lippes Mathias LLP

NLRB General Counsel’s Memorandum Foreshadows Additional Changes to NCAA Athletics

Lippes Mathias LLP on

On September 29, 2021, National Labor Relations Board (NLRB) General Counsel, Jennifer A. Abruzzo, issued Memorandum GC 21-08 (the “Memorandum”) stating her groundbreaking prosecutorial position that “scholarship football...more

Hogan Lovells

NLRB General Counsel seeks to further shake up college sports

Hogan Lovells on

Earlier this month, the General Counsel of the National Labor Relations Board issued a memorandum declaring that private college athletes should be considered “employees” under Section 2(3) of the National Labor Relations Act...more

Morgan Lewis

NLRB General Counsel Says College Athletes Are Statutory ‘Employees’ in Memo with Broad Implications

Morgan Lewis on

National Labor Relations Board (NLRB) General Counsel Jennifer Abruzzo issued a memorandum stating that, in her prosecutorial view, college athletes are statutory employees under the National Labor Relations Act...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.

Will Acting General Counsel Ohr’s Appointment Lead To NCAA Athletes Becoming Eligible To Unionize?

Jackson Lewis P.C. on

President Joe Biden has named Peter Sung Ohr to serve as Acting General Counsel of the National Labor Relations Board (NLRB or Board). Ohr has served as the Regional Director of the NLRB Chicago office for nearly a decade...more

Troutman Pepper

NLRB Punts on First Down: Declines to Exercise Jurisdiction in Northwestern University Football Players Union Representation Case

Troutman Pepper on

The NLRB’s decision is limited to the facts presented by the Northwestern case, and the Board may assert jurisdiction in another case involving scholarship athletes at a later date. On August 17th, the National Labor...more

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