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Division I Athlete Commences Collective Action Seeking Pay For Play

A complaint recently filed in the Southern District of Indiana alleges that the NCAA and its Division I Member Schools have jointly agreed and conspired to engage in a widespread pattern, policy, and practice of failing to...more

Running Interference: S.D.N.Y. Lays Out Standards for Tortious Interference in Dispute Between Watchmaker and Former Employees

The U.S. District Court for the Southern District of New York recently cleared the way for a Michigan watchmaker to pursue claims for trade secret misappropriation, among other things, against two former employees who left to...more

Former College Athlete Claiming Temporary Employee Status Sues NCAA Because She Wasn’t Paid Minimum Wage

A former soccer player from the University of Houston, Samantha Sackos, has filed a putative class action in the Southern District of Indiana against the National Collegiate Athletic Association (NCAA) and all NCAA Division I...more

Using Unpaid Interns Can Land Your Company in Class Action Hot Water

A recent surge in lawsuits against well-known New York-based fashion retailers and media giants, such as Oscar de la Renta, LLC; Marc Jacobs International, LLC; Donna Karan International, Inc.; Calvin Klein, Inc.; Coach,...more

The Next Cleat Drops… College Athletes Sue for Unpaid Wages

If college athletes are employees under the National Labor Relations Act (“NLRA”), then why not under the Fair Labor Standards Act (“FLSA”)? That proposition predictably follows from the recent determination by the Chicago...more

FLSA Wage and Hour Lawsuit Filed against NCAA

A putative collective action on behalf of college athletes, Sackos v. National Collegiate Athletic Association, was recently filed in the U.S. District Court for the Southern District of Indiana against the National...more

Internships out of Fashion? Wage Lawsuits on the Rise in New York

Internships and training programs have been a staple of the fashion industry (among many other industries) for years. Luxury retailers have traditionally offered internships in the areas of communications, marketing,...more

Boston Ordinances Proposed to Address Student-Athlete Safety and Scholarships - Ordinances May Lead Other Cities and States to...

The Boston City Council has entered the ongoing national debates and reform efforts concerning collegiate student-athlete issues, including safety and scholarships. Colleges and universities across the United States, athletic...more

Court Affirms Three-Part Title IX Test Applies to High Schools

In a recent decision, Ollier v. Sweetwater Union High School District, the Ninth Circuit Court of Appeals upheld a trial court finding that a public school district intentionally discriminated and retaliated against female...more

When Xs and Os Go Awry: Recent College Coach Lawsuits Emphasize the Importance of Good Contract Language Even for "Intramural"...

The recent flurry of scandals in professional sports, particularly those from the NFL that dominated headlines in recent weeks, are not without their counterparts in the college ranks. Indeed, in the past year there have been...more

California Enacts AB 1897 Which Means Greater Liability For Employers Who Use Labor Contractors

The new law targets businesses that obtain or are provided “workers to perform labor within its usual course of business from a labor contractor.” The statute’s definition of “labor contractor” excludes bona fide nonprofits,...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

NCAA’s Limits on Athletes’ Compensation for Use of Their Names or Likenesses Violates Antitrust Laws

The National Collegiate Athletic Association’s (NCAA) fundamental beliefs about the role of student-athletes and its economic model just received a partial rebuke from the courts. On August 8, 2014, a federal judge ruled that...more

Game On! Recent Legal Developments and Tax Issues for Collegiate Athletics

This is a period of unprecedented change for collegiate athletics, with potentially surprising tax consequences to the parties involved. Within the past six months, a federal district court held that the antitrust laws...more

Three Point Shot

Female Football Player Throws Flag at LFL over Bare Wages - The three-year championship run of the Los Angeles Temptation was snapped in 2013 when the upstart Chicago Bliss, led by the quarterback and two-time league...more

Rolling the Dice with Casino VIP Lists

In the competitive world of land-based casinos, high roller “VIP” players are courted with a host of special perks and privileges. A casino’s proprietary VIP customer list represents one of its most valuable assets, almost...more

Status Updates - August 2014 #12

..What’s not to like? The National Labor Relations Board has ruled that an employee’s Facebook “like” approving of another employee’s statements about their employer may constitute “concerted activity” under federal labor...more

High School Football Players (and others) Tweet with Caution

I recently read an article about how college football recruiters are using twitter to screen out potential players for their teams. It’s becoming a somewhat common practice for recruiters to monitor the twitter accounts of...more

Former JSU Women’s Basketball Coach Receives Additional Award in Wrongful Termination Suit

In August, a judge awarded former Jackson State University (JSU) head coach, Denise Taylor, $200,000 in damages for “emotional pain and suffering” she endured during her employment. Taylor was the head women’s basketball...more

School Districts: New Law Expands Child Abuse Reporting Obligations to School Coaches (8/14)

On August 6, 2014, Governor Andrew Cuomo signed a bill into law that will require school athletic coaches to report suspected child abuse to the authorities. Under state law, school personnel, including but not limited to,...more

The GPMemorandum, Issue 183

In This Issue: - Fourth Circuit Upholds Summary Judgment For Manufacturer In Exclusive Dealing Case: Despite being one of two manufacturers that control 99% of the market, E.I. DuPont de Nemours and Co. has...more

The Majors, The Minors and Antitrust Training

In my last antitrust training blog, I admitted I didn’t know much about it and that I frankly thought of the topic as much less popular than others in most ethics and compliance training libraries. After writing about it,...more

Northwestern University Football Players Are Not Employees

Recently, the National Labor Relations Board ruled that grant-in-aid scholarship football players at Northwestern University are “employees” under the National Labor Relations Act. This has raised the question whether such...more

The World Cup of Non-Competes

Can you imagine if FIFA allowed or enforced non-compete agreements that limited the ability of a player to hold dual citizenship and play for either country? Would the World Cup have suffered if brothers representing Ghana...more

Amicus Briefs Submitted to NLRB on Appeal of Northwestern University Decision

As previously noted in this blog, the National Labor Relations Board (“NLRB”) has sought amicus curiae briefing in the Northwestern University and College Athletes Players Association matter on review of the NLRB Regional...more

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