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Fair Labor Standards Act (FLSA) Employee Definition Colleges

CDF Labor Law LLP

Organized Labor Ups the Ante with Push to Turn Student-Athletes Into Employees

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The ongoing battle to turn NCAA student-athletes into employees continued this week. As reported here early this year, in February, Laura Sacks, Regional Director of Region 1 of the National Labor Relations Board, issued a...more

Williams Mullen

Appellate Court Rules that NCAA Athletes May Qualify as Employees Under the Fair Labor Standards Act

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On July 11, the United States Court of Appeals for the Third Circuit (with appellate jurisdiction over federal courts in Delaware, New Jersey and Pennsylvania) issued a decision in Johnson v. National Collegiate Athletic...more

Troutman Pepper

Third Circuit Holds That NCAA Athletes May Qualify as Employees Under the FLSA

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Recently, in Johnson v. NCAA, the U.S. Court of Appeals for the Third Circuit held that, depending upon the surrounding circumstances, student-athletes may qualify as employees under the Fair Labor Standards Act (FLSA). This...more

Fox Rothschild LLP

Are Student Athletes Employees For FLSA Purposes-The Third Circuit Weighs In

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The issue of whether student athletes are “employees” and subject to FLSA coverage has been hotly contested for a number of years. The colleges assert the players are amateurs and thus not subject to coverage. The Third...more

McCarter & English, LLP

Some Student Athletes May Now Be Considered “Employees” Entitled to Protections Under the Fair Labor Standards Act

When, if ever, are college athletes “employees” who are entitled to compensation rather than simply students playing games? The United States Court of Appeals for the Third Circuit recently shed a little more light on the...more

Seyfarth Shaw LLP

Game, Set,… and On to the Match: Third Circuit Breaks Precedent, Recognizing That Collegiate Athletes May Assert a Claim Under the...

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On Thursday, the Third Circuit held that collegiate athletes may assert a claim under the Fair Labor Standards Act. The decision in Johnson v. National Collegiate Athletic Ass’n, — F.4th –, 2024 WL 3367646 (3d Cir. July 11,...more

Venable LLP

Game Time Decision: Another District Court Will Decide if College Athletes Are Employees

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U.S. college athletes may soon be considered employees entitled to minimum wage under federal law. In a recent decision, the Third U.S. Circuit Court of Appeals ruled that college athletes could theoretically be considered...more

Carr Maloney P.C.

Unions for College Athletes – Some Food for Thought

Carr Maloney P.C. on

The Dartmouth College Men’s Basketball Team recently petitioned the National Labor Relations Board (NLRB) for recognition of their rights as “employees” of the College to form a union and bargain over their relationship to...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Dartmouth Basketball Players Vote to Be First College Athletes Represented by a Union

On March 5, 2024, players on the Dartmouth College men’s basketball team voted to unionize, making the group the first college sports team to do so in the United States. Dartmouth College has already filed an appeal with the...more

Troutman Pepper

U.S. Senate Committee Hears Testimony About the Need for Uniform NIL Regulation That Would Exempt Student-Athletes From Federal...

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On October 17, the U.S. Senate Judiciary Committee heard testimony from witnesses about the need for reform in college athletics, including the possibility of establishing a national standard for regulating Name, Image, and...more

Venable LLP

NLRB Executing Its Gameplan to Treat Student Athletes as Employees

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We previously reported on General Counsel Jennifer Abruzzo's announcement of the National Labor Relations Board's (NLRB) gameplan to treat certain student athletes at private colleges and universities (together, "Academic...more

Bricker Graydon LLP

The Saga Continues: Are Student Athletes Employees?

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This question, once settled, has seen increased scrutiny in recent years both from the National Labor Relations Board and courts that have considered the issue.2 One of those courts – the Third Circuit Court of Appeals, which...more

Sheppard Mullin Richter & Hampton LLP

What the Third Circuit’s Looming Decision Regarding Whether College Athletes Can Constitute “Employees” Will Mean for Universities...

The Third Circuit is expected to soon make a decision as to whether student-athletes can be considered university “employees” under the Fair Labor Standards Act (“FLSA”). But its interpretation of the law might reverberate...more

Fisher Phillips

From The Playing Field To The Courtroom: The State Of Current Legal Challenges Brought By Student-Athletes

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As the U.S. Supreme Court stated in a 1984 decision involving the University of Oklahoma, there exists in this country a “revered tradition of amateurism in college sports.” Despite this tradition, there have been an...more

Orrick - Employment Law and Litigation

Game Over for NCAA Student Athletes Seeking Employee Status? 7th Circuit Affirms Dismissal of U. Penn Athletes’ FLSA Complaint

On December 5, 2016, the Seventh Circuit affirmed dismissal of a complaint filed by two University of Pennsylvania track and field athletes against the National Collegiate Athletic Association, the university, and more than...more

Holland & Knight LLP

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

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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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