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Fisher Phillips

2025 Summer Reading List for Educational Leaders

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Another school year is winding down, and educational leaders perhaps have never been more ready for summer break. From the Trump administration’s significant policy shifts to deeply consequential litigation playing out to...more

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

Husch Blackwell LLP

Unions Call Time Out on College Athletes, but Campus Organizing Plays On

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The Dartmouth Men’s Basketball team, represented by the Service Employees International Union (SEIU) Local 560, requested to withdraw its petition to unionize on December 31, 2024. The petition, approved by the National Labor...more

Vedder Price

You Can’t Miss a Shot If You Don’t Show Up to the Game: Union Pulls Petition to Unionize Dartmouth Basketball Team

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On December 31, 2024, Service Employees International Union, Local 560 (SEIU), the union seeking to represent the men’s basketball team at Dartmouth College, withdrew its petition to the National Labor Relations Board (NLRB),...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

Fisher Phillips

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

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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

Husch Blackwell LLP

NCAA Answers Some House Questions, Leaves Others Up in the Air

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The National Collegiate Athletic Association (NCAA) updated its House Settlement Question and Answer document on December 9, 2024, giving insight into how the NCAA is preparing for the settlement’s potential approval (see our...more

CDF Labor Law LLP

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

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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

BakerHostetler

International Student-Athletes and Their Eligibility for NIL Partnerships

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NIL partnerships between businesses and collegiate student-athletes remain a lucrative opportunity. In fact, marketing and advertising through student-athletes has been so successful that the NIL industry is projected to soon...more

Robinson & Cole LLP

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

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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

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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

Venable LLP

More Money, More Problems for Collegiate Athletics?

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The ball keeps rolling on potentially big compensation for college athletes. In a landmark proposed settlement (Settlement), the National College Athletics Association (NCAA) and the Atlantic Coast Conference, Big Ten...more

Fisher Phillips

Summer Reading for Educational Leaders: Resources to Help You Plan for the 2024-2025 School Year

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As you recover from another whirlwind of a school year, we hope you can take some time to relax and enjoy your summer break. The next few months will be the perfect time to – at your leisure – catch up on this past year’s...more

Fisher Phillips

House of Cards? How the $2.7 Billion NCAA Settlement Might Transform the Employment Status of Student-Athletes

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The National Collegiate Athletic Association is on the verge of settling a major antitrust lawsuit that may radically alter the equation when it comes to student-athlete employment. The pending settlement in House v. NCAA...more

Carr Maloney P.C.

Unions for College Athletes – Some Food for Thought

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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

Mandelbaum Barrett PC

The Continuing Saga of NIL in the NCAA

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The NCAA landscape has become the “wild west” concerning NIL (name, image and likeness) litigation where seemingly a new issue develops every month. There were two noteworthy matters this past week. First, in the Eastern...more

Husch Blackwell LLP

Labor Law Insider—Dartmouth Basketball Team Unionizes: The NLRB Sets a Pick for Unions

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Legendary basketball player Magic Johnson said, “The only thing that matters is the score.” Well, the score is 13 to 2, considering the votes for a union representing the Dartmouth College men’s basketball team. For college...more

Maynard Nexsen

Dartmouth Refuses to Play Ball; Will it Draw a Charge?

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Against the backdrop of recent Congressional hearings regarding whether collegiate athletes should be considered employees, Dartmouth has refused to collectively bargain with SEIU Local 560—the newly minted union...more

Akerman LLP

What Every College and University Should Know About the National Labor Relations Act and its Impact on Campus Life

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Colleges and universities continue to experience increased union organizing activity, strikes, and other protests from its workers, outpacing similar activities by workers in other industries. Although these activities were...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

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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

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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

Constangy, Brooks, Smith & Prophete, LLP

Navigating the Future of Intercollegiate Athletics: Implications of the Dartmouth College Student-Athlete Labor Decision

In a groundbreaking decision on February 5, the Regional Director for Region 01 of the National Labor Relations Board ruled that the men’s basketball student-athletes for Dartmouth College are to be considered employees under...more

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