News & Analysis as of September 13, 2024

Colleges

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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 +

Making Sense of the Dartmouth Decision | Part 2

Bricker Graydon LLP on 2/26/2024

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

Could Leagues and Teams be Joint Employers Before the NLRB?

Jackson Lewis P.C. on 9/14/2022

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

Out with student-athletes, long live Players at Academic Institutions

Bricker Graydon LLP on 10/12/2021

It’s difficult to imagine a four month period more impactful for the NCAA, if not for intercollegiate athletics on the whole, than the one we’re currently in. From the Supreme Court’s decision in Alston in June 2021, to the...more

NLRB General Counsel Seeks to Expand Labor Rights for Student Athletes

Lathrop GPM on 10/4/2021

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

NLRB’s General Counsel Uses Prosecutorial Authority To Assert Student-Athletes Are Employees

Jackson Lewis P.C. on 10/4/2021

The on-and-off effort at the National Labor Relations Board (NLRB) to classify “student-athletes” as “employees” has renewed. Although the National Labor Relations Act contains no formal recognition of student-athletes as...more

NLRB General Counsel Announces Intent to Treat Some College Athletes as Employees

Miller Canfield on 9/30/2021

On September 29, 2021, National Labor Relations Board ("NLRB") General Counsel Jennifer Abruzzo issued a memorandum describing her intent to treat scholarship athletes at Division-I Football Bowl Subdivision ("FBS")...more

Will the New Administration Trump Columbia University?

Saul Ewing LLP on 2/14/2017

GOP Reacts Swiftly to NLRB General Counsel’s Memorandum Regarding the Status of Division I Scholarship Football Players at Private Universities - In a memorandum dated January 31, 2017, National Labor Relations Board...more

A Look Beyond the Madness – Revisiting The Standing Of And Protections For Student-Athletes

Mintz - Employment, Labor & Benefits... on 3/16/2016

This is the first installment of a series regarding legal issues affecting college athletics that this blog will run during this year’s NCAA basketball tournament. Two horrible March Madness brackets ago, we analyzed the...more

NLRB Ruling on Northwestern Football Players Highlights Need for Congressional Action on College Sports

Manatt, Phelps & Phillips, LLP on 9/23/2015

In August, the National Labor Relations Board (NLRB or "the Board") unanimously ruled that it lacked jurisdiction to decide whether college football players at Northwestern University are "employees" under the National Labor...more

College Athletes as Employees

Miller Canfield on 2/17/2015

Spring 2014 saw the first ever attempt to form a union among Division I college athletes, specifically the football team at Northwestern University in Evanston, Ill. The National Labor Relation Board’s (“NLRB” or “Board”)...more

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