News & Analysis as of

Universities Fair Labor Standards Act (FLSA) Educational Institutions

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

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

Morgan Lewis

Third Circuit Establishes New Employee Test for Student Athletes

Morgan Lewis on

In Johnson v. National Collegiate Athletic Association (NCAA), the US Court of Appeals for the Third Circuit held that student athletes should be permitted to pursue a claim under the Fair Labor Standards Act (FLSA). The...more

Robinson & Cole LLP

Legal Update: NCAA Athletes As Employees Of Their Schools Gains Momentum In Federal Court And The NLRB

Robinson & Cole LLP on

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

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

Ballard Spahr LLP

Third Circuit Affirms College Athletes May Qualify as Employees Under FLSA

Ballard Spahr LLP on

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

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

McGuireWoods LLP

Third Circuit Intercepts NCAA’s Hail Mary Pass on Collegiate Athletes’ Employment Status

McGuireWoods LLP on

On July 11, 2024, the U.S. Court of Appeals for the Third Circuit issued its long-awaited decision in Johnson, et al. v. National Collegiate Athletic Association, et al., holding that college athletes may be employees under...more

Bowditch & Dewey

DOL FLSA Overtime Rule Applied to College and University Employees

Bowditch & Dewey on

As we covered in our April blog post, DOL Announces Final Rule Increasing Minimum Salary Levels for FLSA Overtime Exemptions, the United States Department of Labor (DOL) released its final overtime rule, which increases the...more

Fisher Phillips

Workplace Law Forecast 2024 - Your workplace law recap for 2023 and predictions for 2024 to help you prepare for the coming year.

Fisher Phillips on

When I reflect on the relationship that our firm has with our clients, I’m most proud of the fact that you can always count on us. That often means defending complex litigation, steering you through regulatory threats,...more

Jackson Lewis P.C.

Former College Athlete Sues NCAA, Member Schools For Student-Athlete Pay

Jackson Lewis P.C. on

Following the NCAA’s recent policy announcement to allow current student-athletes to benefit from the use of their name, likeness and image, a former college athlete has filed a class and collective action complaint against...more

Parker Poe Adams & Bernstein LLP

DOL Issues Fact Sheet on Overtime Pay for Higher Education Employers

Earlier this month, the U.S. Department of Labor’s Wage and Hour Division issued a new fact sheet explaining the applicability of overtime exemptions under the Fair Labor Standards Act to occupations in higher education....more

Nelson Mullins Riley & Scarborough LLP

DOL Issues Updated Overtime Guidance to Colleges & Universities under the FLSA

On April 12, 2018, the DOL issued a new Fact Sheet for Higher Education Institutions and Overtime Pay Under the Fair Labor Standards Act. The Fact Sheet addresses the common exemptions applicable to Institutions of Higher...more

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

DOL Publishes New Fact Sheet Regarding Overtime Regulations for Higher Education Employees

On April 12, 2018, the U.S. Department of Labor’s (DOL) Wage and Hour Division (WHD) issued a new fact sheet concerning “the applicability of [the white collar] exemptions [of the Fair Labor Standards Act] to jobs that are...more

Fisher Phillips

Labor Department’s New Approach Is A Game Changer For Student Internships

Fisher Phillips on

The U.S. Department of Labor rang in the new year by announcing that it will abandon its rigid six-part test for determining whether interns qualify as employees under federal wage and hour law, introducing some much-needed...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

Fisher Phillips on

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

Franczek P.C.

Penn Students Seek Rehearing, DOL Files Brief in OT Rules Appeal

Franczek P.C. on

Just a quick update on a couple of our recent stories for you wage and hour litigation junkies: Back on December 5, a three-judge panel of the 7th Circuit Court of Appeals affirmed dismissal of a case in which two former...more

Baker Donelson

Seventh Circuit Sidelines Claims That Student-Athletes Are "Employees" Under The FLSA

Baker Donelson on

The NCAA and its member institutions scored another win last week in a Chicago courtroom when the Seventh Circuit closed the book on former student-athletes' proposed class action claiming that their participation in college...more

Ballard Spahr LLP

Student Athletes Are Not Employees Under FLSA, Circuit Court Affirms

Ballard Spahr LLP on

The Seventh Circuit Court of Appeals has affirmed a lower court decision holding that student athletes' participation in college sports does not make them school employees entitled to compensation, a decision that should...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

Franczek P.C.

Residence Hall Directors Under The New FLSA Exemption Rules

Franczek P.C. on

One of the issues that colleges and universities are struggling with under the new FLSA overtime exemption rules is how to compensate residence hall directors. While responsibilities vary from institution to institution,...more

Franczek P.C.

The New FLSA Exemption Rules and Higher Education

Franczek P.C. on

As we previously reported, the Department of Labor has now issued its long-anticipated final overtime exemption rules for white collar workers. In addition, the DOL published more detailed guidance for higher education...more

Ballard Spahr LLP

The FLSA’s New Overtime Rule Is Here - Higher Ed Applications

Ballard Spahr LLP on

The U.S. Department of Labor (DOL) issued a final rule substantially increasing the annual salary an employee must earn to be exempt from overtime pay requirements. The final rule—which takes effect on December 1, 2016,—will...more

24 Results
 / 
View per page
Page: of 1

"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