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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
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
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
On August 9, 2024, the NLRB denied Pardee RAND Graduate School’s (“RAND”) request for review of a regional director’s Decision and Direction of Election (DDE) finding that a petitioned-for unit of graduate policy researchers...more
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
In a recent case involving the application of the Board’s standard for the employee status of graduate students, the National Labor Relations Board (“NLRB” or the “Board”) denied a request for review of a Regional Director’s...more
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
For years now, the tide of college athletics has been shifting toward student-athlete representation and empowerment. Now, in what might become a landmark decision, a regional director for the National Labor Relations Board...more
This week, the regional director for Region 1 of the National Labor Relations Board issued an opinion that could usher in a wave of unionization efforts among college athletes. Fifteen members of the Dartmouth men’s...more