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The National Labor Relations Act › Colleges › College Athletes

The National Labor Relations Act is a United States federal statute enacted in 1935 to prevent labor strife by encouraging collective bargaining, protecting concerted activity and curtailing certain unfair labor... more +
The National Labor Relations Act is a United States federal statute enacted in 1935 to prevent labor strife by encouraging collective bargaining, protecting concerted activity and curtailing certain unfair labor practices by private sector managament and labor.  less -
Robinson & Cole LLP

Legal Update: NCAA Athletes As Employees Of Their Schools Gains Momentum In Federal Court And The NLRB

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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

Troutman Pepper

Third Circuit Holds That NCAA Athletes May Qualify as Employees Under the FLSA

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Recently, in Johnson v. NCAA, the U.S. Court of Appeals for the Third Circuit held that, depending upon the surrounding circumstances, student-athletes may qualify as employees under the Fair Labor Standards Act (FLSA). This...more

Ballard Spahr LLP

Third Circuit Affirms College Athletes May Qualify as Employees Under FLSA

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On July 11, 2024, a three-judge panel of the U.S. Court of Appeals for the Third Circuit ruled in Johnson v. NCAA that certain college athletes may qualify as employees of their schools or the NCAA under the Fair Labor...more

Venable LLP

Game Time Decision: Another District Court Will Decide if College Athletes Are Employees

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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

Venable LLP

More Money, More Problems for Collegiate Athletics?

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The ball keeps rolling on potentially big compensation for college athletes. In a landmark proposed settlement (Settlement), the National College Athletics Association (NCAA) and the Atlantic Coast Conference, Big Ten...more

Fisher Phillips

House of Cards? How the $2.7 Billion NCAA Settlement Might Transform the Employment Status of Student-Athletes

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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

Carr Maloney P.C.

Unions for College Athletes – Some Food for Thought

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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

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

Fisher Phillips

Are Your Student-Athletes Employees? NLRB Regional Director Says So

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A National Labor Relations Board Regional Director recently ruled that non-scholarship college basketball players are “employees” under federal labor law, setting the table for a potential seismic shift in the way your...more

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

Dartmouth Basketball Players Vote to Be First College Athletes Represented by a Union

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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

Davis Wright Tremaine LLP

UPDATE: NLRB Continues Its Full-Court Press on Collegiate Athletics – Inside the Dartmouth Unionization Decision

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UPDATE: The men's basketball team at Dartmouth voted Tuesday, March 5, to unionize – a first in college sports history. We wrote about the labor decision that led to Tuesday's union vote, as well as takeaways for private...more

Bricker Graydon LLP

Making Sense of the Dartmouth Decision | Part 1

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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

Venable LLP

Game Changer: NLRB Rules College Basketball Players Are Employees and Can Unionize

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For years now, the tide of college athletics has been shifting toward student-athlete representation and empowerment. Now, in what might become a landmark decision, a regional director for the National Labor Relations Board...more

Parker Poe Adams & Bernstein LLP

NLRB Holds That College Basketball Players Are 'Employees'

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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

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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

Miller Canfield

College Basketball Players Entitled to Union Election: Regional Director Dunks on Dartmouth

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On February 5, National Labor Relations Board (NLRB) Regional Director Laura Sacks ordered a representation election to be held to determine if the Dartmouth University Men’s Basketball team will be represented by the Service...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

Fox Rothschild LLP

NLRB Official Finds Dartmouth Basketball Players are “Employees” and Authorizes a Union Vote

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In a hotly contested case, the NLRB regional director for the region covering most of New England has found that Basketball Players at Dartmouth are the university’s “employees” under the National Labor Relations Act. They...more

Jackson Lewis P.C.

Changing of the Guard: NCAA Presents Pathway for Division I Schools to Pay Athletes

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NCAA President Charlie Baker has advanced the idea of giving universities and colleges (with the most-resourced athletic departments) the option to pay student-athletes. The emergence of national, image, and likeness (NIL)...more

Steptoe & Johnson PLLC

NLRB Issues Complaint for Athlete Misclassification against NCAA, Pac-12, and USC

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On May 18, 2023, the National Labor Relations Board’s (the Board) regional director in Region 31 issued a complaint against the National Collegiate Athletic Association (NCAA), the Pac-12 Conference, and the University of...more

Jackson Lewis P.C.

College Athletes Closer to Being ‘Joint Employees’: NLRB Moves Case Against USC, the Pac-12, and NCAA

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The fast-changing world of college athletics is about to collide with the ever-changing doctrine of joint employment. In January 2022, on behalf of football and basketball athletes at the University of Southern California...more

Verrill

More Madness: Catch Up With NCAA Happenings

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While there’s no denying March Madness brings the National Collegiate Athletic Association (NCAA) considerable attention, the Association has been the subject of significant press over the last year for several hot-button...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

Locke Lord LLP

From “Student-Athletes” to “Players”: ‎A Review of the 2021 Legal ‎Developments Shaping a New ‎Reality of College Sports

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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

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