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Wage and Hour Fair Labor Standards Act (FLSA) College Athletes

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

Beltway Buzz - August 2025

The Beltway Buzz™ is a weekly update summarizing labor and employment news from inside the Beltway and clarifying how what’s happening in Washington, D.C., could impact your business....more

Jackson Lewis P.C.

Impacts of Third Circuit’s Decision on Student-Athletes as Employees

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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

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

Parker Poe Adams & Bernstein LLP

Third Circuit Sets Test for Wage Payment to College Athletes

In its Alston decision in 2021, the U.S. Supreme Court ended the legal assumption that NCAA athletes were pure amateurs, exempt from a range of legal protections extended to workers. Since that decision, courts have faced a...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

Seyfarth Shaw LLP

Game, Set,… and On to the Match: Third Circuit Breaks Precedent, Recognizing That Collegiate Athletes May Assert a Claim Under the...

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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

Fisher Phillips

Play for Pay? Bombshell Ruling Upends Amateurism in College Sports

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Yesterday, a federal appeals court became the first to rule that student-athletes at NCAA Division I schools can bring a lawsuit claiming they are employees and may be entitled to minimum wage and overtime payments under...more

Console and Associates, P.C.

Student Athletes Sue the NCAA Under the Fair Labor Standards Act

For many youths, playing on a college sports team is a dream come true. However, the reality of collegiate sports isn’t always as glamorous as aspiring athletes believe it to be. For example, the governing body of college...more

Sheppard Mullin Richter & Hampton LLP

What the Third Circuit’s Looming Decision Regarding Whether College Athletes Can Constitute “Employees” Will Mean for Universities...

The Third Circuit is expected to soon make a decision as to whether student-athletes can be considered university “employees” under the Fair Labor Standards Act (“FLSA”). But its interpretation of the law might reverberate...more

Pullman & Comley - Labor, Employment and...

Third And Long– Former Villanova Wide Receiver Fights Uphill Battle To Establish Employee Status Under FLSA

As most are aware, lawsuits brought by college athletes alleging entitlement to wages under the Fair Labor Standards Act (“FLSA”) have been uniformly rebuked by reviewing courts that have immediately dismissed such suits for...more

Foley & Lardner LLP

Repeat After Me: College Athletes Are Not School Employees Under the FLSA

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“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

Baker Donelson

Play is Not Work: Judge Dismisses Former USC Linebacker’s Wage and Hour Lawsuit

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Former University of Southern California football player Lamar Dawson’s attempt to be declared an “employee” under the Fair Labor Standards Act (FLSA) was soundly defeated in federal court. Dawson brought the lawsuit on...more

Baker Donelson

"'Play' is Not 'Work'" – USC Football Player Loses FLSA Suit Seeking "Employee" Wages

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Former University of Southern California football player Lamar Dawson's attempt to be declared an "employee" under the Fair Labor Standards Act (FLSA), so that he and a proposed class of Division I Football Bowl Subdivision...more

Parker Poe Adams & Bernstein LLP

Seventh Circuit Says Student Athletes Not Entitled to Minimum Wage Payment

In recent years, college athletes have made multiple attempts to gain protection under various federal labor laws. For example, the NLRB recently rejected an attempt by football players at Northwestern to unionize....more

Foley & Lardner LLP

Fight On? Student-Athletes Press for Employee Status Despite Seventh Circuit Rejection

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Bong … Bong … Bong … that is the death knell you thought you heard following the decision from the Seventh Circuit Court of Appeals (covering Indiana, Illinois, and Wisconsin) in Berger v. NCAA earlier this month. After that...more

Holland & Knight LLP

Seventh Circuit Agrees: Student-Athletes Are Not Employees Under the FLSA

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A three-judge panel of the U.S. Court of Appeals for the Seventh Circuit in Gillian Berger, et al. v. National Collegiate Athletic Association, et al, 16-1558 (7th Cir. 2016) has affirmed a district court's decision that...more

Ballard Spahr LLP

Student Athletes Are Not Employees Under FLSA, Circuit Court Affirms

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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

Miller Canfield

Student Athletes Are Not Employees, Seventh Circuit Rules

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Yesterday, the Seventh Circuit released a decision broadly ruling that student-athletes are not employees for purposes of the Fair Labor Standards Act (FLSA). In Berger v. National Collegiate Athletic Association, two women...more

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

NCAA Sacks Sackos Suit: Why NCAA Student-Athletes Are Not Employees Under the FLSA

An Indiana federal court has dismissed Berger v. NCAA et al, a suit brought under the Fair Labor Standards Act by former student-athletes from the University of Pennsylvania (Penn). More commonly known as Sackos, the case was...more

Proskauer - Law and the Workplace

College Athletes Not University Employees, Says Federal District Court

On February 16, 2016, a federal district court in Indiana held that former athletes at the University of Pennsylvania were not university employees entitled to the protections of the Fair Labor Standards Act (FLSA). The...more

Carlton Fields

Division I Athlete Commences Collective Action Seeking Pay For Play

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A complaint recently filed in the Southern District of Indiana alleges that the NCAA and its Division I Member Schools have jointly agreed and conspired to engage in a widespread pattern, policy, and practice of failing to...more

Bradley Arant Boult Cummings LLP

Former College Athlete Claiming Temporary Employee Status Sues NCAA Because She Wasn’t Paid Minimum Wage

A former soccer player from the University of Houston, Samantha Sackos, has filed a putative class action in the Southern District of Indiana against the National Collegiate Athletic Association (NCAA) and all NCAA Division I...more

Foley & Lardner LLP

The Next Cleat Drops… College Athletes Sue for Unpaid Wages

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If college athletes are employees under the National Labor Relations Act (“NLRA”), then why not under the Fair Labor Standards Act (“FLSA”)? That proposition predictably follows from the recent determination by the Chicago...more

Ballard Spahr LLP

FLSA Wage and Hour Lawsuit Filed against NCAA

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A putative collective action on behalf of college athletes, Sackos v. National Collegiate Athletic Association, was recently filed in the U.S. District Court for the Southern District of Indiana against the National...more

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