News & Analysis as of

Fair Labor Standards Act (FLSA) Athletes

Parker Poe Adams & Bernstein LLP

Third Circuit Sets Test for Wage Payment to College Athletes

In its Alston decision in 2021, the U.S. Supreme Court ended the legal assumption that NCAA athletes were pure amateurs, exempt from a range of legal protections extended to workers. Since that decision, courts have faced a...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

Flaster Greenberg PC

What Clubs & Leagues Need to Know About Paying Professional Athletes Overtime

Flaster Greenberg PC on

A common misconception is that individuals paid on a salary basis are not entitled to overtime. Another common miscommunication is that if an employee earns a high salary, then that exempts them from earning overtime. Both of...more

Sheppard Mullin Richter & Hampton LLP

10 Labor And Employment Considerations In Esports

Electronic sports, known in the industry as esports, have seen remarkable growth in the last decade. The term esports refers to the growing world of competitive, organized video gaming, where professional video gamers play on...more

Jackson Lewis P.C.

New Law Exempts Minor League Baseball Players From Certain Federal Minimum Wage, Overtime Pay Laws

Jackson Lewis P.C. on

As part of $1.3 trillion omnibus spending bill signed by President Donald Trump in March, section 13(a) of the Fair Labor Standards Act is amended to exempt minor league baseball players from a class of workers entitled to...more

Jackson Lewis P.C.

Judge Recertifies MLB Minor League Collective and Class Action

Jackson Lewis P.C. on

Federal Magistrate Judge Joseph C. Spero struck a blow to MLB when he reversed course on his earlier decision and recertified a minor league collective and class action against MLB....more

Parker Poe Adams & Bernstein LLP

Are Professional Athletes Covered Under New Overtime Rules?

Last week, a federal district court judge in California declined to certify a collective action claim by minor league baseball players who alleged they had not been paid overtime as required under the Fair Labor Standards Act...more

Bradley Arant Boult Cummings LLP

Hit by the Pitch: Federal Judge De-Certifies FLSA Class Action of Minor League Baseball Players

In a 100+ page opinion, federal Magistrate Judge Joseph Spero of the Northern District of California refused to grant the Plaintiffs’ motion to certify a class of minor league baseball players and instead granted the baseball...more

Bradley Arant Boult Cummings LLP

Former College Athlete Claiming Temporary Employee Status Sues NCAA Because She Wasn’t Paid Minimum Wage

A former soccer player from the University of Houston, Samantha Sackos, has filed a putative class action in the Southern District of Indiana against the National Collegiate Athletic Association (NCAA) and all NCAA Division I...more

Foley & Lardner LLP

The Next Cleat Drops… College Athletes Sue for Unpaid Wages

Foley & Lardner LLP on

If college athletes are employees under the National Labor Relations Act (“NLRA”), then why not under the Fair Labor Standards Act (“FLSA”)? That proposition predictably follows from the recent determination by the Chicago...more

Ballard Spahr LLP

FLSA Wage and Hour Lawsuit Filed against NCAA

Ballard Spahr LLP on

A putative collective action on behalf of college athletes, Sackos v. National Collegiate Athletic Association, was recently filed in the U.S. District Court for the Southern District of Indiana against the National...more

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