News & Analysis as of

College Athletes

Six years after Penn State, has college athletics really reformed its crisis response?

by Thompson Coburn LLP on

In 2011, the world of higher education — and the entire nation — was rocked by the shocking revelation of the criminal actions of longtime Penn State defensive coordinator Jerry Sandusky. Equally shocking was the reaction...more

Pacific Pro League To Provide Amateur Football Alternative, Glimpse Of Value Of College Athletes

by Jackson Lewis P.C. on

NFL agent Don Yee, longtime representative of Tom Brady, and a list of football notables including ESPN’s Adam Schefter and two-time Super Bowl winning coach Mike Shanahan intend to form the Pacific Pro Football League...more

National College Players Association Urges Prospective Student-Athletes To Negotiate Scholarship Terms With Colleges

by Jackson Lewis P.C. on

The College Athletes Players Association (CAPA) and Executive Director Ramogi Huma’s (Huma) efforts to unionize the Northwestern University football team failed when the National Labor Relations Board refused to rule on the...more

Is the NCAA Out of Bounds on Academics?

An ongoing controversy regarding fraud and academic dishonesty among student-athletes at the University of North Carolina at Chapel Hill (“UNC”) has brought to the forefront an important question: Who is responsible for...more

Play is Not Work: Judge Dismisses Former USC Linebacker’s Wage and Hour Lawsuit

by Baker Donelson on

Former University of Southern California football player Lamar Dawson’s attempt to be declared an “employee” under the Fair Labor Standards Act (FLSA) was soundly defeated in federal court. Dawson brought the lawsuit on...more

Executive Labor Summary - March / April 2017

NEWS & ANALYSIS- Winners and losers feel effects of the Presidential election - For winners, Philip Miscimarra, who was Acting Chairman of the National Labor Relations Board, gave up “acting” and got real with...more

Leading Tax Counsel For College Athletes Advise They May Not Realize How Good They Now Have It

by Ropes & Gray LLP on

In this interview with the LEAD Association, tax partner Lorry Spitzer examines the tax implications of paying college athletes....more

"'Play' is Not 'Work'" – USC Football Player Loses FLSA Suit Seeking "Employee" Wages

by Baker Donelson on

Former University of Southern California football player Lamar Dawson's attempt to be declared an "employee" under the Fair Labor Standards Act (FLSA), so that he and a proposed class of Division I Football Bowl Subdivision...more

College Athletes (Still) Not Employees

by Sherman & Howard L.L.C. on

The District Court for the Northern District of California has weighed in on whether student athletes are “employees” under the law. On April 25, 2017, the Court dismissed a proposed class action brought by a former...more

NLRB General Counsel Takes a Stand: College Scholarship Football Players Are Employees Under the NLRA

by McGuireWoods LLP on

In a memorandum issued on January 31, 2017, the National Labor Relations Board’s General Counsel, Richard Griffin, provided a “guide for employers, labor unions, and employees that summarizes Board law regarding NLRA employee...more

NCAA To Address Historic Early Recruiting Legislation

by Jackson Lewis P.C. on

Landmark reform to restrict colleges’ aggressive early recruiting tactics of student-athletes is on the agenda at the National Collegiate Athletic Association Division I Council April 12-14 annual meeting....more

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

Will the New Administration Trump Columbia University?

by Saul Ewing LLP on

GOP Reacts Swiftly to NLRB General Counsel’s Memorandum Regarding the Status of Division I Scholarship Football Players at Private Universities - In a memorandum dated January 31, 2017, National Labor Relations Board...more

NLRB General Counsel Looks to Expand Reach of Federal Labor Law to Private Colleges and Universities; Believes that Scholarship...

by Franczek Radelet P.C. on

Since 2014, the National Labor Relations Board has issued three significant decisions related to union organizing at private universities: Pacific Lutheran University; Columbia College; and Northwestern University. ...more

NLRB General Counsel Takes a Bold Stance on Student Athletes

by Cozen O'Connor on

More than a year and a half after the National Labor Relations Board (NLRB or the Board) ruled that Northwestern University’s football players could not form a union, NLRB General Counsel Richard Griffin announced his...more

The NLRB Throws a Flag on NCAA Division I Football and Explains Some Rules to Colleges and Universities

In an official memorandum entitled “General Counsel’s Report on the Statutory Rights of University Faculty and Students in the Unfair Labor Practice Context,” the National Labor Relations Board (NLRB) General Counsel Richard...more

NLRB General Counsel Concludes Division I Scholarship Football Players are Employees under Labor Law

by Jackson Lewis P.C. on

Scholarship football players in Division I FBS private sector colleges and universities are employees under the National Labor Relations Act, National Labor Relations Board General Counsel Richard F. Griffin has concluded....more

Seventh Circuit Says Student Athletes Not Entitled to Minimum Wage Payment

In recent years, college athletes have made multiple attempts to gain protection under various federal labor laws. For example, the NLRB recently rejected an attempt by football players at Northwestern to unionize....more

Ole Miss Substantially Prevails in Tax Court Case over Taxability of Coach Appearances

by Butler Snow LLP on

Tax exempt organizations must report and pay tax on their “unrelated business income.” Butler Snow recently represented The University of Mississippi (“UM”) in a federal income tax dispute in the United States Tax Court...more

Another Setback for Student Athletes … or Is It?

by Stoel Rives LLP on

On December 5, 2016, Berger v. National Collegiate Athletic Association brought a major setback for those advocating that “student athletes” deserve to be compensated for their contributions to the multi-billion-dollar...more

Fight On? Student-Athletes Press for Employee Status Despite Seventh Circuit Rejection

by Foley & Lardner LLP on

Bong … Bong … Bong … that is the death knell you thought you heard following the decision from the Seventh Circuit Court of Appeals (covering Indiana, Illinois, and Wisconsin) in Berger v. NCAA earlier this month. After that...more

Three Point Shot - December 2016

by Proskauer Rose LLP on

In Partial Trademark Victory over Chinese Sportswear Company, MJ Posterizes Unauthorized User of Chinese Version of His Name - In Game 3 of the first round of the 1991 NBA Eastern Conference playoffs between the New York...more

Seventh Circuit Rejects Student Athletes’ “Pay for Play” Suit

On December 5, 2016, the Seventh Circuit Court of Appeals issued its decision in Berger v. National Collegiate Athletic Association. The case was brought by former University of Pennsylvania (Penn) student athletes, Gillian...more

Seventh Circuit Agrees: Student-Athletes Are Not Employees Under the FLSA

by Holland & Knight LLP on

A three-judge panel of the U.S. Court of Appeals for the Seventh Circuit in Gillian Berger, et al. v. National Collegiate Athletic Association, et al, 16-1558 (7th Cir. 2016) has affirmed a district court's decision that...more

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