Are Colleges Prepared to Classify Student-Athletes as 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
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
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
U.S. college athletes may soon be considered employees entitled to minimum wage under federal law. In a recent decision, the Third U.S. Circuit Court of Appeals ruled that college athletes could theoretically be considered...more
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
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
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
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
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
With the College Football Playoff completed, the NCAA has reached an inflection point. After decades of austerity in providing benefits to student-athletes, NCAA President Charlie Baker recently sent a letter to Division I...more
When I reflect on the relationship that our firm has with our clients, I’m most proud of the fact that you can always count on us. That often means defending complex litigation, steering you through regulatory threats,...more
We previously reported on General Counsel Jennifer Abruzzo's announcement of the National Labor Relations Board's (NLRB) gameplan to treat certain student athletes at private colleges and universities (together, "Academic...more
This question, once settled, has seen increased scrutiny in recent years both from the National Labor Relations Board and courts that have considered the issue.2 One of those courts – the Third Circuit Court of Appeals, which...more
Following an eventful and evolving sports landscape in 2022, KaufCan Sports is keeping tabs on a number of noteworthy areas in the Sports Law world for 2023. From NCAA and its student-athletes to disruption in world golf to...more
The year 2021 marked a watershed in the legal relationship between college athletes, their institutions, and the NCAA. On June 21, the United States Supreme Court unanimously struck down NCAA rules restricting the amount...more
Consistent with a continued expansion of statutory rights under the National Labor Relations Act ("NLRA"), the General Counsel of the National Labor Relations Board ("NLRB") confirmed her view that certain athletes at...more
National Labor Relations Board (NLRB) General Counsel Jennifer Abruzzo issued a memorandum stating that, in her prosecutorial view, college athletes are statutory employees under the National Labor Relations Act...more
On September 29, 2021, the General Counsel for the National Labor Relations Board (“NLRB”), put colleges and universities on notice that she plans to prosecute cases against them for denying student athletes their rights...more
Everyone these days seems to think they are entitled to more money, from the United States Department of Labor (DOL) claiming that there really are no independent contractors to the thousands of United Automobile Workers...more