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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?” “
“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