College Athletes

News & Analysis as of

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

Congress Investigates Intercollegiate Athletics: Are You Ready?

Recently the United States Senate’s Committee on Commerce, Science and Transportation held a hearing entitled Promoting the Well-Being and Academic Success of College Athletes. The hearing’s purpose was to examine whether the...more

Easy A's for Athletes - UNC committing academic fraud?

The University of North Carolina has been criticized in recent years since it was revealed that they offered hundreds of Afro-American Studies classes that required no attendance and only asked students to write a single...more

Employment Flash (June 2014)

In This Issue: - NLRB Recess Appointments Unconstitutional - SEC Brings First-Ever Employment Retaliation Claim - EEOC Challenges Employer Severance Agreements - New York State Transportation Industry...more

Seventh Quarterly Report Of The Independent Athletics Integrity Monitor Pursuant To The Athletics Integrity Agreement Among The...

This is the seventh quarterly report of the independent athletics integrity monitor (“Monitor”) pursuant to section III of the Consent Decree between the National Collegiate Athletic Association (“NCAA”) and The Pennsylvania...more

The Changing Faces of Unions

While union membership has declined precipitously over the last few decades, union activity is now popping up in many new sectors. From 1983 to 2013, according to the Department of Labor, union membership dropped from over...more

College Coaching Comebacks Petrino and Pearl Get Second Chances: The Moral(s) of the Story

Bobby Petrino seems to turn every team that he coaches into a winner – and a cash cow. After Petrino took over the Louisville Cardinals in 2003, he increased the team’s revenue from $10 million to $19 million in just three...more

Class Certification Issues In O’Bannon v. NCAA

In This Presentation: - Important Players - Underlying Lawsuit - Procedural Pre-Class Certification - Class Certification Issues - Aftermath and Trial - Recent Developments...more

Court Won’t Reconsider Prior Ruling in NCAA Class Action

On May 12, 2014, the National Collegiate Athletics Association (NCAA) lost its motion for leave to file a motion for reconsideration of a prior ruling, which barred the NCAA from arguing at trial that not paying...more

Labor & Employment E-Note - May 2014

In This Issue: - Disability Policies and Forms May Violate ADA, EEOC Says - Court Draws the Line Between Attendance and Physical Presence - Using Medical Condition in Hiring Has ADA Implications, EEOC Says -...more

Will the Star Quarterback Be Sacked by the Taxman?

On March 26, 2014, a regional director of the National Labor Relations Board (NLRB) decided scholarship football players at Northwestern University are employees because they “perform services for the benefit of the employer...more

California Federal Court Finds that the First Amendment Does Not Preclude Sporting Event Participants from Asserting...

On April 11, 2014, a California federal court issued a First Amendment ruling that has potentially significant implications for broadcasters in the sports-media industry. Specifically, the Northern District of California’s...more

Gimme A U-N-I-O-N!

Willa Bepayed is a standout attacker and a Senior on State Tech’s volleyball team. Willa read about Kan Doit, the Southeastern quarterback who’s leading the unionization drive before the National Labor Relations Board (NLRB)....more

Players union vote a secret, for now.

On April 25, 2014, Northwestern University football players cast a historic vote on whether to unionize. However, their ballots were sealed , and the result of the secret ballot election will not be known for months -...more

NLRB to Decide Whether Northwestern’s Scholarship Football Players Are Students or Employees

Late yesterday, the National Labor Relations Board (NLRB) in Washington, D.C. granted the request for review (i.e., an appeal) filed by Northwestern University in the much-watched case involving the status of Northwestern’s...more

What Exactly is the Long-Term Impact of the NLRB’s Decision? Part 3

While the Northwestern decision applies to private universities, there is a good chance that this rule would affect public universities as well. States have individual statutes and related administrative bodies that govern...more

NLRB Grants Request for Review of Northwestern University Decision

In a not surprising development, the National Labor Relations Board announced today that it has granted Northwestern University’s Request for Review of the Regional Director’s decision directing an election among the...more

Are We There Yet?: Do Northwestern Players Have a Union or not?

When a Regional Director of the National Labor Relations Board (NLRB) found that scholarship football players at Northwestern University were employees entitled to vote on union representation, many media reports treated the...more

Student-Athletes: Are They Employees?

Digging Deeper into the History of the NLRB’s Decision and Northwestern’s Appeal - This case started when the “College Athletes Players Association” (“CAPA”) was formed as a union created to represent the Northwestern...more

California Federal Court Finds that the First Amendment Does Not Preclude Sporting Event Participants from Asserting...

On April 11, 2014, a California federal court issued a First Amendment ruling that has potentially significant implications for broadcasters in the sports-media industry. Specifically, the Northern District of California’s...more

Busting Brackets: District Court Rejects NCAA’s Summary Judgment Motion and Allows Student-Athletes’ Suit for Publicity...

Nearly five years into the lawsuit, a District Court denied defendant NCAA’s summary judgment motion, and ordered that the antitrust claims of current and former student-athletes denied compensation for the commercial use of...more

College Athletes and Unions: A First Strike from the NLRB

On March 26, the Chicago Region of the National Labor Relations Board (the “NLRB” or the “Board”) decided that college football players at Northwestern University not only are “employees” but also are entitled to form a labor...more

Section One’s Shining Moment: A new antitrust lawsuit threatens the NCAA

This year, the term “March Madness” meant more than basketball tournaments to the National Collegiate Athletic Association, its conferences and member schools. On March 17, 2014, a group of college basketball and football...more

College Football Players Are Employees? Who's Next?

The NLRB’s Regional Director in Chicago issued a decision on March 26 in 13-RC-121359 finding the football players at Northwestern University are employees under the NLRA, over the objections of the University. The Regional...more

Flag On The Play: Will Unions Change the Game of College Sports?

In a historic move, members of the Northwestern University football team recently took initial steps to form a union and seek collective-bargaining rights with the university. Shortly thereafter, the team filed a petition...more

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