News & Analysis as of

Bribery and the beautiful game: A typology

It will have saddened many people to read further allegations of wrongdoing in English football. The story, based on classic secret recording methods, was broken by The Daily Telegraph and has been picked up by the entire...more

Put Me in Coach! Using Split Dollar Life Insurance Plans to Compensate Division I Coaches

In August 2016, the national sports media provided details regarding the compensation package for Coach Jim Harbaugh at the University of Michigan. It comes as no surprise to anyone that Division I football and basketball...more

Defence & Indemnity - August 2016: II. LIABILITY ISSUES #3

C. In cases involving injuries caused by one player to another during a sporting event, there must be a deliberate intent to cause injury or reckless disregard for liability to be found. Henderson v. Canadian Hockey Assn...more

Three Point Shot - Summer 2016

800-Meter Champion Berian Eventually Outpaces Nike Endorsement Suit... Or Did He? World 800-meter champion Boris Berian is seemingly capable of out-running just about anything these days. Berian is just a year removed...more

The New Wage And Hour Regulations: Is Your Institution in Compliance?

The long awaited changes to the federal wage and hour regulations were finally released by the Department of Labor (USDOL) on May 18, 2016. The changes, which generally relate to the salary basis amount required for the white...more

Jocks and Docs: Classifying Postdocs and Coaches Under the DOL’s New Rules

On May 18, 2016, the Wage and Hour Division (WHD) of the U.S. Department of Labor (DOL) issued its final rule, “Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales and Computer...more

The Aftermath: Developments From The 2016 Session of The Connecticut General Assembly Affecting The Workplace

The 2016 session of the Connecticut General Assembly has just concluded, along with subsequent “special sessions.” Most prominently from an employment law standpoint, the General Assembly passed (and the Governor signed)...more

The FLSA Overtime Regulations Are Changing December 1, 2016: Colleges and Universities Will be Ready

We’ve had plenty of time to adapt and now the new rules are clear. Colleges and universities will be ready. In the spring of 2014, President Obama signed a Presidential Memorandum directing the Department of Labor (DOL) Wage...more

Coaches and Athletic Trainers Under the New FLSA Rules

As schools seek to adjust to the new Department of Labor overtime exemption rules and increased salary standards, nearly every institution has classification and overtime-calculation questions about athletic coaches and...more

Connecticut General Assembly Addresses Several Employment-Related Bills in Shortened Session

The “short” session of the Connecticut General Assembly’s biennial term ended on May 4, but there were several employment-related bills that passed in the session’s final days and hours. While most of these bills are still...more

Latest Developments from the Connecticut General Assembly: The Labor and Public Employees Committee Speaks: March 2016

The General Assembly’s Labor and Public Employees Committee was active before its March 17, 2016 deadline for approving bills, voting favorably and advancing many bills out of committee....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

The Connection between Coaching and Mentoring and Great Lawyer Careers -- Sporkin's Kids and other Examples

My previous post excerpted the introduction "How to Solve the Legal Profession's Diversity Problem." The article suggests that our diversity challenges are rooted in a systems problem. First, our systems for selecting and...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

USC Responds to Football Coach’s Claims that Termination Was Discriminatory

In October of last year, I wrote in this space about how the firing of Steve Sarkisian as head football coach by the University of Southern California (“USC”) may raise legal issues related to the Americans with Disabilities...more

Interest Groups Support NCAA’s Anti-Felon Policy on Appeal

Recently, three interest groups filed an amicus brief to support the National Collegiate Athletic Association’s (“NCAA”) policy that bars anyone who has been convicted of a felony from coaching in NCAA-certified high school...more

Trojan Travails: Coach Sarkisian’s Alcoholism-Discrimination Lawsuit Against USC

Readers have been clamoring for my take on the alcoholism-discrimination lawsuit filed by Steve Sarkisian against the University of Southern California. Actually, I got one email from a reader, who had a better take on...more

Drinking On The Job? Five Things Employers Need To Know In The Wake Of The USC Football Coach Controversy

Football powerhouse USC (University of Southern California) fired its head football coach Steve Sarkisian on October 12, 2015, after it was widely reported that the coach had been under the influence of alcohol during several...more

Alcoholism and how USC may have violated ADA by firing Steve Sarkisian

On October 12, 2015, Steve Sarkisian was fired as head coach of the University of Southern California (USC) football team. While USC contends Sarkisian was fired for “cause,” there is no question that his alcohol-related...more

When Is A School District “Deliberately Indifferent” To Student Discrimination Claims?

When a student alleges discrimination within the school environment, the school district may be held liable if it was “deliberately indifferent” to the discrimination. Three recent cases involving allegations of sexual...more

Permanent Residence for Extraordinary Coaches: When an Olympic Gold Medal Isn’t Enough

The EB-1A permanent residence category is reserved only for individuals with extraordinary ability in the sciences, arts, education, business, or athletics. Individuals seeking EB-1A status must demonstrate that they belong...more

The Four Stages of Successful Coaching

There is an old Peanuts comic strip featuring Charlie Brown and Lucy that resonated with me when I began working with professionals on business development for the first time. In it, Lucy—the psychiatrist who is “IN”—is...more

Pick the Right Business Development Coach

As we discussed in a recent post, the significant benefits that come from working with a business development coach include a personalized business development plan, accountability and access to fresh ideas. Identifying the...more

Contracts Can Impose High Liquidated Damages in Some Cases

A few volumes ago, we wrote about the scope and enforceability of liquidated damages provisions in contracts, indicating that these provisions may only be enforced by courts where (i) the damages amount is not so unreasonably...more

How can a university manage an all-powerful college coach?

From decorated pros to college benchwarmers, many young men and women who played sports often refer back to a coach who had a tremendous impact on his or her life and eventual career. This is true even when people don’t...more

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