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The National Labor Relations Act › Colleges › Student 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

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

Husch Blackwell LLP

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

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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?

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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

Akerman LLP

What Every College and University Should Know About the National Labor Relations Act and its Impact on Campus Life

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Colleges and universities continue to experience increased union organizing activity, strikes, and other protests from its workers, outpacing similar activities by workers in other industries. Although these activities were...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

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

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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

Steptoe & Johnson PLLC

Student-Athletes Score Big for Union Rights as NLRB Regional Director Recognizes Dartmouth’s Basketball Team as ‘Employees’

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Higher education has seen a marked increase in labor and union activities on public and private campuses, even reaching historic levels in the past couple of years with campus strikes and organizing by student workers....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

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

Venable LLP

NLRB Executing Its Gameplan to Treat Student Athletes as Employees

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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

McGuireWoods LLP

National Labor Relations Board Alleges Student-Athletes Are Employees of Private University, Pac-12, NCAA

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As McGuireWoods reported in December 2022, the National Labor Relations Board (NLRB) regional office in Los Angeles found an unfair labor practice charge filed by the National College Players against the NCAA, Pac-12...more

Miles & Stockbridge P.C.

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

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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.

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

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