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March Inevitableness? Considering the Legal Consequences of Pay to Student-Athletes

As of this writing, it has been over 850 days since UConn women’s basketball team has lost a game. When the Huskies last tasted defeat (in an overtime thriller to Stanford on November 17, 2014), football players at...more

March Inevitableness? Considering the Legal Consequences of Pay to Student-Athletes

As of this writing, it has been over 850 days since the UConn women’s basketball team has lost a game. When the Huskies last tasted defeat (in an overtime thriller to Stanford on November 17, 2014), football players at...more

The Impact of Recently Proposed Regulations on Ineligible Nonqualified Plans Under Internal Revenue Code § 457(f)

The Treasury Department and the Internal Revenue Service recently issued comprehensive proposed regulations governing nonqualified plans subject to tax under Internal Revenue Code § 457. Code § 457 prescribes the tax rules...more

Where do the DOL’s New FLSA White-Collar Overtime Regulations Leave Non-Profits and Educational Institutions?

Over the course of this and next week, we will discuss the final overtime rule’s impact and address related workplace issues on which employers should focus in advance of its December 1st implementation date. Today we focus...more

More Money, More Problems? – The Rise of Compensation and Expectations for College Coaches (Employment Matters)

This is the second installment of a series regarding legal issues affecting college athletics that Employment Matters will run during this year’s NCAA basketball tournament. It is no secret that the salaries of coaches...more

More Money, More Problems? – The Rise of Compensation and Expectations for College Coaches

This is the second installment of a series regarding legal issues affecting college athletics that will run during this year’s NCAA basketball tournament. It is no secret that the salaries of coaches of high profile...more

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

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

3/25/2016  /  College Athletes , FLSA , NCAA , NLRA , NLRB , Scholarships

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

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

Mintz Levin 2nd Annual Employment Law Summit – Enhancing Workplace Diversity and Dispelling Myths Regarding Reverse Discrimination...

As wise employers focus strategic initiatives to enhance diversity and inclusion in the workplace, we periodically receive questions about limitations for proactive approaches in this area. To be clear, companies that...more

How Much Do You Make? – New OFCCP Regulations Protect Employee And Job Applicant Discussions on Compensation

Happy New Year from your friends at the OFCCP. This week brings the enforcement of requirements stated under Executive Order 13665, which prohibits federal contractors from discriminating or otherwise conducting adverse...more

Preparing for a New World of Collective Action by Student-Athletes

With stunning speed, the balance of power between collegiate athletes and the institutions they play for has changed. Recent events at the University of Missouri may feel like a tectonic shift but the preceding tremors had...more

NLRB Calls Out the Punt Team and Declines Jurisdiction Over Northwestern University Football Players

In a mild surprise given the current constitution of the Board (read – majority appointed by President Obama), the NLRB declined to assert jurisdiction in ruling on the petition of Northwestern University’s scholarship...more

2015 Employment Law Issues Tournament: Second Round Results and Recaps

If you thought the Round of 64 was wild, then wait until you see what happened during the second round. Let’s just say that some shocking upsets left many a bracket busted wide open....more

2015 Employment Law Issues Tournament: First Round Results and Recaps

This past weekend, while college basketball teams across America finished up their conference tournaments, 64 employment law issues played in the first round of our tournament, and boy did it live up to the hype. Filled with...more

Fail to Pay Wages in D.C. and Get Sued With Some of Your Closest Friends (and Contractors)

If you are a D.C. employer, temporary staffing agency, contractor or subcontractor, you have yet another wage and hour law to contend with: The Wage Theft Prevention Amendment Act of 2014. Among other things, the law...more

Employment Law Summer Recap 2014: Part 6 of 11 – A Farewell to the BCS and Amateurism in College Athletics (At Least as You Knew...

The advent of a playoff system in Division I FBS college football is not the only new change in intercollegiate athletics. After the most active summer in the history of college sports, the following events will have a large...more

9/23/2014  /  College Athletes , Colleges , Football , NCAA

Conflicts & Nepotism – A Dangerous Employment Cocktail

Last week, Alabama Governor Robert Bentley removed Alabama State University Trustee Marvin Wiggins for violating the University’s conflict of interest rules. The removal proved once again that if you are responsible for the...more

Summer Semester Checklist – Revisiting Your Coach’s Contract

In the “quiet” period for intercollegiate athletic competition, compensation to college coaches has taken center stage. During the ongoing trial in the O’Bannon v. NCAA litigation, the plaintiff’s expert economist highlighted...more

6/12/2014  /  Coaches , Contract Renewal , NCAA , Sports

Bracketology 101: Part 2 – Survive and Advance: NLRB Says Northwestern Football Players Can Unionize

Last week, we placed the union recognition effort of Northwestern University’s football players as the No. 1 seed in the Midwest Region in our blog entry of issues that may change the face of the Final Four. That issue has...more

3/27/2014  /  College Athletes , NLRB , Unions

Bracketology 101 – A Look Ahead at Legal Issues that May Change the Face of the Final Four

This year’s NCAA Division I Basketball Tournament may be the last of its kind. This post explores some of the brewing legal issues that may force big changes to future “Final Fours,” and in turn, the legal rights and...more

It’s The Most Wonderful Time (For 990 Filings) Of The Year

As the nation recovers from the latest series of winter storms, let the rise of temperatures serve as a reminder of the incoming season – tax filing season. For institutional non-profits such as colleges and universities,...more

State Of The Union – What Are The Ramifications Of Northwestern University Football Players Seeking Union Recognition?

Members of the Northwestern University football team have signed a petition with the National Labor Relations Board seeking recognition as a collective bargaining unit. While the issue of union organizing by student-athletes...more

2/4/2014  /  Athletes , Football , NLRB , Sports , Unions

25 Years After The Shark: Supreme Court Ruling On The NCAA Casts A Shadow On Current Investigations

Before John Calipari, Rick Pitino and other presently successful college basketball coaches, there was the “Shark”. Jerry “Tark the Shark” Tarkanian held an impressive run as the Men’s Basketball Coach at the University of...more

Passive Leads Not Protected – New York Federal Court Rejects Enforcement of Non-Compete

It is a story familiar to many companies. Company hires employee into a managerial position exposing the employee to its confidential and trade secret information. To protect its interests, the company requires the employee...more

NCAA Gives Deference To The U – How Sanctions Against Miami May Affect Future Investigations

In a Twitter world of brief news updates, the NCAA’s tweet at 6:55 AM on October 22nd was blunt, but not unexpected – “Miami failed to monitor activities of a major booster, resulting in a decade of violations.” While the...more

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