News & Analysis as of

Collective Bargaining College Athletes

Constangy, Brooks, Smith & Prophete, LLP

Practical implications for student-athletes if they professionalize

Many believe that college athletics is in the process of transitioning to a structure in which at least some student-athletes are considered “employees.” The NCAA and its member institutions are facing a variety of antitrust,...more

Foley & Lardner LLP

The Great Trick Play: The Dartmouth College Men’s Basketball Team Votes to Unionize

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Did you hear the news? The members of the Dartmouth College men’s basketball team have been deemed employees of the school and voted to unionize under federal labor law. How could you miss it? The crush of media reports has...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

Burr & Forman

The Burr Broadcast: Dartmouth Men's Basketball Team Unionization Efforts Explained

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In this episode of The Burr Broadcast, Bryance Metheny, leader of the firm's Labor & Employment practice group, discusses the process that private employers would follow if a union attempts to organize its workforce. He uses...more

Kaufman & Canoles

K&C Sports & Entertainment Law Weekly Roundup - March 2024 #3

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Dartmouth College must bargain with its men’s basketball team after the National Labor Relations Board certified the players’ recent landmark vote to unionize with the Service Employees International Union on Thursday, but a...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

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

Bricker Graydon LLP

Making Sense of the Dartmouth Decision | Part 2

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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

Bricker Graydon LLP

Making Sense of the Dartmouth Decision | Part 1

Bricker Graydon LLP on

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

Parker Poe Adams & Bernstein LLP

NLRB Holds That College Basketball Players Are 'Employees'

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

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

NLRB Regional Director Rules Dartmouth College Basketball Players Are Employees, Setting Up Potential Landmark Board Case

On February 5, 2024, a regional director for the National Labor Relations Board (NLRB) in Boston ruled that men’s college basketball players at Dartmouth College are “employees” within the meaning of the National Labor...more

BCLP

NLRB Regional Director Determines Dartmouth Basketball Players Are Employees

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In a much-anticipated decision issued on Monday, February 5, 2024, Region 01 of the National Labor Relations Board (the “NLRB”) decided that the players on the Dartmouth College men’s basketball team qualify as employees...more

Kohrman Jackson & Krantz LLP

College Athletes as Employees: Landmark Case Could Reshape Collegiate Athletics

In a pivotal legal battle, the Third Circuit is currently deliberating whether college athletes should be considered employees under the Fair Labor Standards Act for the purpose of receiving wages. This landmark case could...more

Stinson LLP

Pay-for-Play: The Status of College Athletes as Employees

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In a potentially game-changing move, the National College Players Association (NCPA), filed an unfair labor practice charge with the National Labor Relations Board (NLRB or Board) Region 32 against the University of Southern...more

Husch Blackwell LLP

2023 NCAA Compliance Report

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Husch Blackwell is pleased to share its third-annual NCAA Compliance Report, which explores the outside pressures NCAA Division I college athletics is facing, including the confluence of legal challenges, media rights, and...more

DarrowEverett LLP

Everything and the Kitchen Sink: The NLRB’s Labor-Friendly New Year’s Resolutions

DarrowEverett LLP on

Contrary to the expression’s limitations, the National Labor Relations Board (the Board”) set the tone for 2023 with some major Decisions which will essentially provide employees with not only the kitchen sink, but the walls...more

K&L Gates LLP

Student Athletes No More, NLRB Reinstates Scope of NLRA Section 7 to Include "Players at Academic Institutions"

K&L Gates LLP on

On 8 February 2022, the National College Players Association, an advocacy group for college athletes, filed an unfair labor practice charge with the National Labor Relations Board (NLRB), accusing the National Collegiate...more

Akerman LLP - HR Defense

The Ramifications of College Athletes Being “Employees”

Akerman LLP - HR Defense on

Consider this: the General Counsel of the National Labor Relations Board has opined that some student-athletes at the collegiate level are “employees” for purposes of the right to engage in protected concerted activity, and...more

Womble Bond Dickinson

NLRB, Labor Laws and the Impact on NCAA Athletes

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Can - and should - college athletes be classified as employees? The answer to that question may be in flux....more

Fisher Phillips

Protected Concerted Athletic Activity? Labor Memo Calls for Employee Status for College Athletes

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A new memo from the National Labor Relations Board (NLRB) could pave the way for student-athletes at private universities to unionize, or at least fall within the jurisdiction of the NLRB when engaging in concerted activity....more

CDF Labor Law LLP

Not All Fun and Games? College Athletes May Soon Drive a Hard Bargain With Union Support

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On May 27, 2021, Sens. Bernie Sanders (I-Vt.) and Chris Murphy (D-Conn.) introduced the College Athlete Right to Organize Act seeking to provide collective bargaining rights for college athletes. ...more

Robinson & Cole LLP

The College Athlete Right to Organize Act – Labor Unions Enter the Pay-for-Play Debate

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The debate about compensating college athletes has presented itself in many forms recently, including a recent argument before the United States Supreme Court. As that notion gains momentum, U.S. legislators have stepped in...more

Jackson Lewis P.C.

New Federal Legislation Proposal Authorizes Student-Athletes To Unionize

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A group of Democratic U.S. Senators, led by Senator Chris Murphy (D-Conn.) and Senator Bernie Sanders (D-Vt.) have introduced the College Athlete Right to Organize Act. The proposed legislation would amend the National Labor...more

Mintz - Employment Viewpoints

March Inevitableness? Considering the Legal Consequences of Pay to Student-Athletes

As of this writing, it has been over 850 days since the UConn women’s basketball team has lost a game. When the Huskies last tasted defeat (in an overtime thriller to Stanford on November 17, 2014), football players at...more

Manatt, Phelps & Phillips, LLP

NLRB Ruling on Northwestern Football Players Highlights Need for Congressional Action on College Sports

In August, the National Labor Relations Board (NLRB or "the Board") unanimously ruled that it lacked jurisdiction to decide whether college football players at Northwestern University are "employees" under the National Labor...more

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