Are student athletes employees? New court ruling.

[Sifaka]

This has been discussed previously, regarding the Dartmouth Men's Basketball team and an NLRB ruling. This one is different, as it deals with a court ruling, rather than an agency. The topic is complex, so I suggest you read the attached law journal article.

“Laura O’Donnell, chair of Haynes and Boone LLP’s Wage and Hour Litigation Practice Group, said the decision still leaves many unanswered questions that district courts will have a “difficult time” interpreting.

“The opinion states there is a difference between athletes who play their sports for predominantly recreational and non-commercial reasons, but what does that mean?” she said. “What is it about a player that crosses them into work? Is it how much profit the college can tie to them? Is it how much they sacrifice for the sport? And how are the players going to show that?” “

NCAA Athlete Wage Case Invites Students to Sue More Colleges

A federal appeals court decision advancing student athletes’ minimum wage claims opens the NCAA and the nation’s colleges up to more lawsuits that could be worth millions, attorneys say.

news.bloomberglaw.com

 

[TheFarmFan]

This has been discussed previously, regarding the Dartmouth Men's Basketball team and an NLRB ruling. This one is different, as it deals with a court ruling, rather than an agency. The topic is complex, so I suggest you read the attached law journal article.

“Laura O’Donnell, chair of Haynes and Boone LLP’s Wage and Hour Litigation Practice Group, said the decision still leaves many unanswered questions that district courts will have a “difficult time” interpreting.

“The opinion states there is a difference between athletes who play their sports for predominantly recreational and non-commercial reasons, but what does that mean?” she said. “What is it about a player that crosses them into work? Is it how much profit the college can tie to them? Is it how much they sacrifice for the sport? And how are the players going to show that?” “

NCAA Athlete Wage Case Invites Students to Sue More Colleges

A federal appeals court decision advancing student athletes’ minimum wage claims opens the NCAA and the nation’s colleges up to more lawsuits that could be worth millions, attorneys say.

news.bloomberglaw.com

I previously served as outside counsel for one of the Power 5 conferences (you can probably guess which one!). I'm swamped with work this week, but I'll try to dig into this and share any thoughts later this week or this weekend. I find this issue fascinating, as well as a lingering time bomb that could blow up college athletics all over again post-NIL.

 

[Bigboote]

From the linked article:

"The ruling increases the possibility of more current and former players lodging suits to seek back pay for unpaid minimum wages and overtime. . ."

I worked in college and graduate school, and I never earned anywhere close to minimum wage. I dunno if I ever cracked a dollar an hour as a research assistant; may have been a little over a dollar an hour as a TA. Most grad students put in 60-100 hour weeks in my department -- if the universities were required to pay minimum wage and overtime for that, I don't know how many would survive.

 

[visitingcock]

It’s really gonna be a mess, especially since the pro union Big Ten Circuits are gonna’ see things differently than the Right to Work SEC circuits . ACC circuits north and south will split as will 9th circuit and 5th circuit in the Big 12.

Just let the Big and the SEC work it out.

 

[cancontent]

It’s really gonna be a mess, especially since the pro union Big Ten Circuits are gonna’ see things differently than the Right to Work SEC circuits . ACC circuits north and south will split as will 9th circuit and 5th circuit in the Big 12.

Just let the Big and the SEC work it out.

Hi, Canadian here looking for clarification. What is "Right to Work" in comparison to being pro union?

 

[Sifaka]

Hi, Canadian here looking for clarification. What is "Right to Work" in comparison to being pro union?

Some Union contracts require all employees to join the organization and pay dues. In so-called right to work states, such contractual provisions are forbidden.

 

[cancontent]

Some Union contracts require all employees to join the organization and pay dues. In so-called right to work states, such contractual provisions are forbidden.

Thank you!