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The National Labor Relations Act › Name and Likeness

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

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

Proskauer - Labor Relations Update

House Considers Bill Declaring Student Athletes Not Employees

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On Thursday, June 13, 2024, the U.S. House of Representatives Education and Workforce Committee held a hearing on H.R. 8534, entitled “The Protecting Student Athletes’ Economic Freedom Act” (“Act”). If passed, the Act would...more

Fisher Phillips

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

Fisher Phillips on

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

Carr Maloney P.C. on

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

Constangy, Brooks, Smith & Prophete, LLP

Implications of NLRB Regional Office decision on Dartmouth basketball players

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In a February 2024 decision, a National Labor Relations Board Regional Director held that Dartmouth College men’s basketball players were “employees” for purposes of the National Labor Relations Act and entitled to unionize....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

Venable LLP

Emerging Employee and Student Handbook Updates for the 2024-2025 School Year

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Each year, new issues, technologies, and events impact the way that independent schools set and carry out their expectations, values, and procedures in their communities. As independent schools embark on the 2024-2025 school...more

Pillsbury Winthrop Shaw Pittman LLP

NLRB Shoots Its Shot: Dartmouth Basketball Players Deemed Employees, Allowed to Hold Union Election

Pillsbury Winthrop Shaw Pittman LLP on

Region 1 of the National Labor Relations Board (NLRB) found that student-athletes on the Dartmouth College men’s basketball team are “employees” within the meaning of the National Labor Relations Act (NLRA) and directed a...more

McAfee & Taft

Dartmouth basketball players deemed ‘employees’ under the National Labor Relations Act

McAfee & Taft on

Over the past few years, the rights of collegiate athletes have continued to expand, with name, image and likeness (NIL) deals being a hot topic of conversation and a way for student athletes to obtain significant...more

Robinson & Cole LLP

Cash for College Athletes, NIL Only Scratches the Surface

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Allowing college athletes to be paid for their name, image, and likeness (NIL) has changed college sports, but several decisions that are due in the coming months could make college sports unrecognizable. First, several...more

Jackson Lewis P.C.

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

Jackson Lewis P.C. on

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

K2 Integrity

Mitigating The Risks Of Introducing Name, Image, And Likeness Rights In College Athletics

K2 Integrity on

In the world of college athletics, the introduction of name, image, and likeness (NIL) rights on 1 July 2021 revolutionized the landscape for student-athletes, presenting new challenges and opportunities for student-athletes....more

Husch Blackwell LLP

Back to School: What You Need to Know as the NLRB Pursues Unfair Labor Practice Charges on Behalf of College Athletes

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College athletes will return to competition in a few weeks. They will also return to the courtroom. This time, it relates to the treatment of student-athletes under the National Labor Relations Act (NLRA). On May 18, 2023,...more

Husch Blackwell LLP

The Labor Law Insider - Recent U.S. Supreme Court, NLRB Decisions Highlight Labor Issues in Higher Education, Part II

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Labor Law Insider host Tom Godar continues to explore the nexus of labor issues and higher education with veteran labor lawyer Tyler Paetkau of Husch Blackwell’s Labor & Employment group and Jason Montgomery a member of Husch...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

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

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

Akerman LLP - HR Defense

The Ramifications of College Athletes Being “Employees”

Akerman LLP - HR Defense on

Consider this: the General Counsel of the National Labor Relations Board has opined that some student-athletes at the collegiate level are “employees” for purposes of the right to engage in protected concerted activity, and...more

Spilman Thomas & Battle, PLLC

Put Me in (a Bargaining Unit) Coach! - The NLRB Affirms Its Commitment to Treating Many Collegiate Athletes as Employees

Spilman Thomas & Battle, PLLC on

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

Lippes Mathias LLP

NLRB General Counsel’s Memorandum Foreshadows Additional Changes to NCAA Athletics

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On September 29, 2021, National Labor Relations Board (NLRB) General Counsel, Jennifer A. Abruzzo, issued Memorandum GC 21-08 (the “Memorandum”) stating her groundbreaking prosecutorial position that “scholarship football...more

Hogan Lovells

NLRB General Counsel seeks to further shake up college sports

Hogan Lovells on

Earlier this month, the General Counsel of the National Labor Relations Board issued a memorandum declaring that private college athletes should be considered “employees” under Section 2(3) of the National Labor Relations Act...more

Morgan Lewis

NLRB General Counsel Says College Athletes Are Statutory ‘Employees’ in Memo with Broad Implications

Morgan Lewis on

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

Lathrop GPM

NLRB General Counsel Seeks to Expand Labor Rights for Student Athletes

Lathrop GPM on

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

Akin Gump Strauss Hauer & Feld LLP

NLRB GC Memo Says Certain College Athletes Are Employees, Have Right to Unionize

Akin Gump Strauss Hauer & Feld LLP on

Key Points - The NLRB’s General Counsel issued a memorandum providing her position that the NLRA protects student-athletes who “perform services for their colleges and the NCAA, in return for compensation” and are...more

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