News & Analysis as of

Scholarships NCAA Student Athletes

Hogan Lovells

What the proposed House settlement means for NCAA Division I institutions

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On May 23, 2024, the NCAA and the five autonomy conferences — known colloquially as the “Power Five” — agreed to terms for a $2.78 billion settlement to resolve three lawsuits in federal court: House v. NCAA, Hubbard v. NCAA...more

Husch Blackwell LLP

2024 NCAA Compliance Report: College Athletics in Transition

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In last year’s report, we discussed House v. National Collegiate Athletic Association—the third case in a trilogy filed by current and former student-athletes who claim the NCAA, as well as the Power 5 conferences, violated...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

Sherman & Howard L.L.C.

Student-Athlete? Or Student- Employee? The Crowd Grows Tepid as the NLRB Finds Dartmouth Basketball Players are Employees

On February 5, 2024, the collegiate sports world exploded as the Regional Director for the National Labor Relations Board’s (NLRB) Region 1 issued a decision in Trustees of Dartmouth College, finding that the players on...more

Troutman Pepper

NLRB Rules That Dartmouth Basketball Players Are Employees

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On February 5, the regional director for Region 1 of the National Labor Relations Board (NLRB or Board) ruled that the student-athletes on Dartmouth College’s men’s basketball team are “employees” under the National Labor...more

Kohrman Jackson & Krantz LLP

It Starts in High School: NCAA Eligibility 2023

The NCAA imposes eligibility requirements for incoming freshmen that must be fulfilled before a student enters college. Determining whether you or your child has met the requirements for NCAA eligibility can be a complex but...more

Troutman Pepper

U.S. Senate Committee Hears Testimony About the Need for Uniform NIL Regulation That Would Exempt Student-Athletes From Federal...

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On October 17, the U.S. Senate Judiciary Committee heard testimony from witnesses about the need for reform in college athletics, including the possibility of establishing a national standard for regulating Name, Image, and...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

Bricker Graydon LLP

The Saga Continues: Are Student Athletes Employees?

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This question, once settled, has seen increased scrutiny in recent years both from the National Labor Relations Board and courts that have considered the issue.2 One of those courts – the Third Circuit Court of Appeals, which...more

Jackson Lewis P.C.

Could Leagues and Teams be Joint Employers Before the NLRB?

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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

Faegre Drinker Biddle & Reath LLP

Name, Image and Likeness Scouting Report, Week 5: Conference and Member School NIL Policies Proliferate, But Enforcement Remains...

The academic calendar has turned to October as athletic conferences and their member institutions attempt to deal with athletes’ growing expectations about name, image and likeness (NIL) opportunities. The tsunami created by...more

Faegre Drinker Biddle & Reath LLP

Name, Image and Likeness Scouting Report, Week 4: The States Quarterback NIL Change

Having covered the background history of the evolution of college athletes’ name, image and likeness (NIL) rights in our prior bulletins, our next series of bulletins will address where we are now in the current, but still...more

McGuireWoods LLP

NLRB General Counsel Memo Announces Initiative to Treat College Athletes as Employees

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On Sept. 29, 2021, the National Labor Relations Board (NLRB) general counsel issued General Counsel Memorandum GC 21-08, in which she announces that she believes certain college student-athletes are “employees” under the...more

McNees Wallace & Nurick LLC

NLRB’s General Counsel Issues Memo on Employee Status of Certain College Players

The General Counsel of the National Labor Relations Board (NLRB) issued a Guidance Memorandum last week establishing her position that certain players at academic institutions are employees as defined by National Labor...more

Lathrop GPM

NLRB General Counsel Seeks to Expand Labor Rights for Student Athletes

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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

Jackson Lewis P.C.

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

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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

Miller Canfield

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

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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

Jackson Lewis P.C.

State Name, Image, And Likeness Laws With July 1st Effective Dates Continue To Grow

Jackson Lewis P.C. on

The race to enact Name, Image and Likeness (NIL) legislation moves forward on a state-by-state basis while the NCAA continues to hold its promised formal NIL legislation in abeyance while awaiting one of several federal...more

Jackson Lewis P.C.

Mississippi Student-Athletes Name, Image, And Likeness Law Awaits Governor’s Signature

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Mississippi Governor Tate Reeves is expected to make Mississippi the seventh state to enact name, image, and likeness (NIL) legislation. When signed, the Mississippi Intercollegiate Athletics Compensation Rights Act will...more

Jackson Lewis P.C.

UPDATE: Sixth Federal NIL Bill Proposed By Kansas Senator Jerry Moran; Senator Booker Comments On Status of College Athlete Bill...

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Amateur Athletes Protection and Compensation Act. The Amateur Athletes Protection and Compensation Act of 2021 (Protection Act), the sixth federal proposal governing student-athlete name, image, and likeness (NIL)...more

Jackson Lewis P.C.

Supreme Court Grants Certiorari To Consider NCAA’s Request To Review Ninth Circuit Anti-Trust Ruling

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While the legal focus on college athletics has been on the impending expansion of name, image, and likeness rights for NCAA student athletes, prompted in part by State and Federal legislative proposals, the Supreme Court has...more

Bowditch & Dewey

The Ripple Effects of COVID-19 on NCAA Athletics and Eligibility

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In early August, the National Collegiate Athletic Association (NCAA) Board of Governors issued requirements for fall sports, simultaneously directing its member schools and conferences to meet these requirements in order to...more

Bass, Berry & Sims PLC

Ninth Circuit Upholds District Court's Ruling in "Pay for Play" Case Against NCAA

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On May 18, the U.S. Court of Appeals for the Ninth Circuit handed down its decision in Alston v. NCAA, the so-called “pay for play” case in which student-athletes challenged certain “amateurism” rules of the National...more

Jones Day

Ninth Circuit Permits Education-Related Benefits but Rejects Student-Athletes' Bid for Payments Akin to Salaries

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While NCAA rules that prohibit pay-for-play serve a procompetitive purpose by preserving consumer demand for college sports, national limits on education-related benefits violate antitrust law. The National Collegiate...more

Saul Ewing LLP

With the NCAA’s Decision to Permit Amateur Name Image Likeness Compensation, Student-Athletes and Legislators Score a Big Win; But...

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In a seeming about-face, the NCAA’s governing board voted unanimously on October 29, 2019 to allow college athletes to be compensated for the use of their name, image, and likeness (“NIL”)....more

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