The National Collegiate Athletic Association (NCAA) and 11 of its member conferences are on trial in In Re: National Collegiate Athletic Association Grant-in-Aid Cap Antitrust Litigation (4:14-md-2541) to defend against...more
On October 3, 2016, the Supreme Court of the United States denied certiorari requested in O’Bannon, et al. v. NCAA, et al., by both the plaintiffs (No. 15-1167) and the National Collegiate Athletic Association (NCAA) (No....more
In a 3-1 decision, the National Labor Relations Board (NLRB) held that “student assistants who perform work at the direction of their university for which they are compensated are statutory employees.” In The Trustees of...more
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
Whether graduate student assistants at private universities are “employees” covered by the National Labor Relations Act (NLRA) might soon be taken up (again) by the National Labor Relations Board (NLRB).
Since overruling...more
On December 16, 2015, the Ninth Circuit Court of Appeals decided that it would not rehear its earlier decision in a high-profile case on payments that can be made to student-athletes. Nearly three months earlier, a panel of...more
On September 30, 2015, the Ninth Circuit Court of Appeals upheld a lower court’s ruling that the amateurism rules of the National Collegiate Athletic Association (NCAA) violate federal antitrust laws. The Ninth Circuit panel...more
10/1/2015
/ Antitrust Provisions ,
Appeals ,
College Athletes ,
Colleges ,
Deferred Compensation ,
Name and Likeness ,
NCAA ,
O'Bannon v NCAA ,
Scholarships ,
Sherman Act ,
Tuition ,
Universities
In our June 2015 blog post, “NLRB Moves to Assert Jurisdiction Over Religious Educational Institutions,” we reported that Regional Directors of the National Labor Relations Board (NLRB) were beginning to exercise jurisdiction...more
9/2/2015
/ Collective Bargaining ,
Colleges ,
Discrimination ,
Faculty ,
First Amendment ,
Hiring & Firing ,
Jurisdiction ,
NLRB ,
Pacific Lutheran University ,
Religious Institutions ,
Religious Schools ,
SEIU ,
Universities
Whether the amateurism rules of the National Collegiate Athletic Association (NCAA) violate federal antitrust laws remains an active issue before the Ninth Circuit Court of Appeals. But the dramatic changes ordered by U.S....more
Before December of 2014, religious colleges and universities could generally assume that under the National Labor Relations Board’s (NLRB) “substantial religious character” test, the NLRB would decline to assert jurisdiction...more
On March 26, 2014, a regional director of the National Labor Relations Board (NLRB) decided scholarship football players at Northwestern University are employees because they “perform services for the benefit of the employer...more
5/7/2014
/ Athletes ,
College Athletes ,
Employee Definition ,
Federal Grants ,
Fringe Benefits ,
IRS ,
NCAA ,
NLRB ,
Northwestern University ,
Scholarships ,
Taxation ,
Unemployment Benefits
When a Regional Director of the National Labor Relations Board (NLRB) found that scholarship football players at Northwestern University were employees entitled to vote on union representation, many media reports treated the...more
On March 26, 2014, a regional director for the National Labor Relations Board (NLRB) issued a decision and direction of election in a union representation petition filed by the College Athletes Players Association (CAPA)...more
On August 1, 2013, Alabama laws regarding firearms will change to permit employees to bring guns to the parking lots of their workplaces, if certain conditions are met....more
As we and just about everyone else have noted, Justice Kennedy, writing for a 7-to-1 majority of the Supreme Court of the United States, sent the hot potato Fisher case back to the Fifth Circuit Court of Appeals to “assess...more
Justice Kennedy, in an opinion joined by Chief Justice Roberts and Justices Alito, Scalia, Thomas, Breyer, and Sotomayor, wrote that public universities’ race-conscious admissions policies are constitutionally permissible and...more