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Are Student-Athletes Employees or Students? The NLRB General Counsel Issues Non-Binding Guidance

On September 29, 2021, the National Labor Relations Board’s (NLRB) new General Counsel issued a memorandum that student-athletes at private colleges and universities should be considered employees under the National Labor...more

When a Stick Tastes Like a Carrot - Post-Employment Payouts for College Coaches

Post-employment payouts are a hallmark of college and university coaching contracts. In the case of a not-for-cause termination, the purpose of post-employment payments is to honor the payment terms of the contract and...more

The New Name, Image and Likeness Playing Field for Colleges and Universities – What You Need to Know

Prior to 2015, student athletes were not permitted by NCAA rules to exploit commercially their name, image and likeness (“NIL”).  However, the decision that year in O’Bannon v. National Collegiate Athletic Ass’n, 802 F.3d...more

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