News & Analysis as of

Colleges Student Athletes Collective Bargaining

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

Husch Blackwell LLP

Labor Law Insider—Dartmouth Basketball Team Unionizes: The NLRB Sets a Pick for Unions

Husch Blackwell LLP on

Legendary basketball player Magic Johnson said, “The only thing that matters is the score.” Well, the score is 13 to 2, considering the votes for a union representing the Dartmouth College men’s basketball team. For college...more

Maynard Nexsen

Dartmouth Refuses to Play Ball; Will it Draw a Charge?

Maynard Nexsen on

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

Kaufman & Canoles

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

Kaufman & Canoles on

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

Bricker Graydon LLP

Making Sense of the Dartmouth Decision | Part 3

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In Part One of our 3-part series, we touched on the background and landscape that led up to the Dartmouth decision. In Part Two, we explored the decision itself and pulled on the strings that the National Labor Relations...more

Bricker Graydon LLP

Making Sense of the Dartmouth Decision | Part 2

Bricker Graydon LLP on

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

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

BCLP on

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

Husch Blackwell LLP

2023 NCAA Compliance Report

Husch Blackwell LLP on

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

Miles & Stockbridge P.C.

Game Changer: NLRB’s Los Angeles Office Says Student Athletes Can Unionize

Miles & Stockbridge P.C. on

The National Labor Relations Board’s Los Angeles Regional Office (LA Regional Office) decided last week that the University of Southern California, the Pac-12 Conference and the National Collegiate Athletic Association (NCAA)...more

Jackson Lewis P.C.

Could Leagues and Teams be Joint Employers Before the NLRB?

Jackson Lewis P.C. on

The National Labor Relations Board (NLRB) has released a Notice of Proposed Rulemaking to change the standard for determining if two employers may be joint employers under the National Labor Relations Act (NLRA)....more

K&L Gates LLP

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

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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

Goulston & Storrs PC

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

Goulston & Storrs PC on

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

Fisher Phillips

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

Fisher Phillips on

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

Robinson & Cole LLP

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

Robinson & Cole LLP on

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

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