News & Analysis as of

NCAA

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

Litigation Alert: Ninth Circuit Rules on Copyright Preemption of Right-of-Publicity Claims

by Fenwick & West LLP on

Last week, in Maloney v. T3 Media, Inc., the U.S. Court of Appeals for the Ninth Circuit held that claims under state right-of-publicity law are preempted by the Copyright Act “when a likeness has been captured in a...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

North Carolina’s Bathroom Law Gets Flushed: What Employers Need To Know

by Fisher Phillips on

Last week, North Carolina’s controversial “bathroom law” was repealed – but not without further controversy. When Governor Roy Cooper signed legislation repealing the law on March 29, 2017, many were upset that the law was...more

North Carolina Legislative Update, March, 2017 #3

by Brooks Pierce on

This week at the legislature, Senate confirmations continued as committees in both chambers received informational presentations and voted on bills. Confirmations - Senate committees are continuing the process of...more

March Preparedness: Inadequate Employee Training May Cause Even the Best Employers to Suffer an Upset

Employers implement employee training programs for a variety of reasons, such as furthering professional development and improving poor performance, ensuring compliance with information security protocols and competence using...more

Remember – “March Madness” is a Trademark

We are in March. The minds of many turn to March Madness as the NCAA hosts its annual tournament to crown college basketball’s national champion. Of these, many want to take advantage of the tournament to promote their...more

March Madness 2017: How to Avoid Fouling Out from an Employment Law Perspective

Across the country, sports fans are gearing up for their favorite seasonal competition: the NCAA “March Madness” tournament. Those with winning brackets can earn prizes ranging from neighborhood bragging rights, up to a...more

Is it a Gamble for Employers to Permit Office Pools During March Madness?

by FordHarrison on

The American Gaming Association estimates that Americans will bet a total of $10.4 billion on March Madness brackets, pools and contests this year, an increase of approximately 13% from last year. While estimates vary, some...more

March Madness for Employers: Embrace the Fun and Enjoy the Party?

by Nexsen Pruet, PLLC on

With the announcement of teams this week for the 2017 NCAA Men’s Basketball Tournament, there will be the inevitable dour reports that bracket filling, live streaming, and fun (or even higher stakes) wagering will cost...more

Does March Madness = Workplace Madness? Some Thoughts on the Legality of NCAA Bracket Pools, the Tournament’s Effect on the...

This time of year usually marks the sports netherworld between the Super Bowl and the NCAA Men’s Division I Basketball Tournament, which is better known as March Madness. This lull provides employers with an excellent...more

April Madness, the NCAA’s One Month Buffer?

We write a lot here about the scope and strength of trademark rights and how that determination is often intertwined to making intelligent likelihood of confusion determinations....more

Don’t bet the farm on March (legal) Madness

by McAfee & Taft on

March is upon us, which means spring is near and the sweet smell of tournament brackets will soon fill the air. For many, the month is synonymous with March Madness, the NCAA’s annual tournament that crown’s college...more

The Big Ten and the NCAA Tip Off for MARCH Marks

You don’t have to be a sports fan to be aware of MARCH MADNESS, the name associated with the annual tournament to determine the college basketball national champion. The tournament is organized by the National Collegiate...more

A March to Madness: Can the NCAA Claim Ownership of the Third Month of the Year?

by Dorsey & Whitney LLP on

The NCAA has a well-deserved reputation for being quite zealous when it comes to protecting its registered trademark “March Madness.” We previously blogged about this here at TheTMCA.com. But a recent opposition filed by the...more

NC Legislative Update: February 2017 #2

by Nexsen Pruet, PLLC on

This Week - Following a lawsuit by Gov. Roy Cooper (D), a law passed in one of last year’s December special sessions creating the Bipartisan State Board of Elections & Ethics Enforcement (BSBEEE) was put on hold. The...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

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

NCAA Athletes Aren’t Employees — Or Are They?

by McGuireWoods LLP on

Several recent legal efforts have attempted to provide student-athletes with a piece of the financial pie resulting from events like Monday’s national championship game, which reportedly netted the NCAA around $470 million in...more

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

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

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