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National Labor Relations Board › NCAA › Employees

The National Labor Relations Board is an independent agency of the United States federal government created in 1935 as part of the National Labor Relations Act. The Board consists of five presidentially-appointed... more +
The National Labor Relations Board is an independent agency of the United States federal government created in 1935 as part of the National Labor Relations Act. The Board consists of five presidentially-appointed members, who are charged with overseeing union elections and hearing complaints of unfair labor practices under the NLRA.    less -
Conn Maciel Carey LLP

Some Athletes Say “Show Me the Money” and a Union Third Circuit and NLRB General Counsel Lead the Way

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Some college athletes are demanding “show me the money!” in a way that could upend how we understand college athletics, how certain college sports programs are managed outside of institutional rules, policies, and procedures,...more

Troutman Pepper

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

Troutman Pepper on

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

Ballard Spahr LLP

Third Circuit Affirms College Athletes May Qualify as Employees Under FLSA

Ballard Spahr LLP on

On July 11, 2024, a three-judge panel of the U.S. Court of Appeals for the Third Circuit ruled in Johnson v. NCAA that certain college athletes may qualify as employees of their schools or the NCAA under the Fair Labor...more

Whiteford

Employment Law Update: How Will the NCAA’s Settlement With College Athletes Impact Their Employment Status?

Whiteford on

On May 23, 2024, the NCAA and the Power 5 conferences announced a $2.8 billion settlement that was reached in several antitrust class action lawsuits concerning payment for college athletes. The settlement marked a watershed...more

Constangy, Brooks, Smith & Prophete, LLP

Implications of NLRB Regional Office decision on Dartmouth basketball players

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In a February 2024 decision, a National Labor Relations Board Regional Director held that Dartmouth College men’s basketball players were “employees” for purposes of the National Labor Relations Act and entitled to unionize....more

Foley & Lardner LLP

The Great Trick Play: The Dartmouth College Men’s Basketball Team Votes to Unionize

Foley & Lardner LLP on

Did you hear the news? The members of the Dartmouth College men’s basketball team have been deemed employees of the school and voted to unionize under federal labor law. How could you miss it? The crush of media reports has...more

CDF Labor Law LLP

True March Madness: NLRB Declares That Dartmouth Basketball Players Are Employees

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In December, this blog alerted readers that in Memorandum GC 21-08, the National Labor Relations Board’s (NLRB) General Counsel Abruzzo declared that certain student-athletes “at Academic Institutions are employees under the...more

Conn Maciel Carey LLP

Dartmouth Basketball Unionization and What’s Next

Conn Maciel Carey LLP on

As March Madness officially begins in college basketball, it seems like the perfect opportunity to discuss the recent unionization buzz amongst college basketball athletes. Background College athletes have attempted to...more

Pillsbury Winthrop Shaw Pittman LLP

NLRB Shoots Its Shot: Dartmouth Basketball Players Deemed Employees, Allowed to Hold Union Election

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Region 1 of the National Labor Relations Board (NLRB) found that student-athletes on the Dartmouth College men’s basketball team are “employees” within the meaning of the National Labor Relations Act (NLRA) and directed a...more

Steptoe & Johnson PLLC

Student-Athletes Score Big for Union Rights as NLRB Regional Director Recognizes Dartmouth’s Basketball Team as ‘Employees’

Steptoe & Johnson PLLC on

Higher education has seen a marked increase in labor and union activities on public and private campuses, even reaching historic levels in the past couple of years with campus strikes and organizing by student workers....more

Sherman & Howard L.L.C.

Student-Athlete? Or Student- Employee? The Crowd Grows Tepid as the NLRB Finds Dartmouth Basketball Players are Employees

Sherman & Howard L.L.C. on

On February 5, 2024, the collegiate sports world exploded as the Regional Director for the National Labor Relations Board’s (NLRB) Region 1 issued a decision in Trustees of Dartmouth College, finding that the players on...more

Troutman Pepper

NLRB Rules That Dartmouth Basketball Players Are Employees

Troutman Pepper on

On February 5, the regional director for Region 1 of the National Labor Relations Board (NLRB or Board) ruled that the student-athletes on Dartmouth College’s men’s basketball team are “employees” under the National Labor...more

Fox Rothschild LLP

NLRB Official Finds Dartmouth Basketball Players are “Employees” and Authorizes a Union Vote

Fox Rothschild LLP on

In a hotly contested case, the NLRB regional director for the region covering most of New England has found that Basketball Players at Dartmouth are the university’s “employees” under the National Labor Relations Act. They...more

CDF Labor Law LLP

NCAA Proposes Classifying Certain NCAA Student Athletes as Employees

CDF Labor Law LLP on

The National Labor Relations Board (NLRB) has been pushing hard to turn certain Division I college-level student-athletes into employees, at least for purposes of organizing and collective bargaining rights under the National...more

Jackson Lewis P.C.

Competition for Control of College-Athletes Enters New Playing Field

Jackson Lewis P.C. on

November 7, 2023, may become a monumental day in the history of the National Collegiate Athletic Association (NCAA). It is the first day of a potentially groundbreaking hearing. Region 21 of the National Labor Relations Board...more

Kohrman Jackson & Krantz LLP

College Athletes as Employees: Landmark Case Could Reshape Collegiate Athletics

Kohrman Jackson & Krantz LLP on

In a pivotal legal battle, the Third Circuit is currently deliberating whether college athletes should be considered employees under the Fair Labor Standards Act for the purpose of receiving wages. This landmark case could...more

Husch Blackwell LLP

Back to School: What You Need to Know as the NLRB Pursues Unfair Labor Practice Charges on Behalf of College Athletes

Husch Blackwell LLP on

College athletes will return to competition in a few weeks. They will also return to the courtroom. This time, it relates to the treatment of student-athletes under the National Labor Relations Act (NLRA). On May 18, 2023,...more

Husch Blackwell LLP

The Labor Law Insider: Recent U.S. Supreme Court, NLRB Decisions Highlight Labor Issues in Higher Education

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Host Tom Godar is joined by two special guests, Tyler Paetkau and Jason Montgomery, for a special Higher Education edition of the Labor Law Insider. In this first part of a two-part podcast, the panel takes on two recent and...more

CDF Labor Law LLP

Are Revenue Generating NCAA Student-Athletes Employees? California NLRB Office Says YES.

CDF Labor Law LLP on

Last week, Region 31 of the National Labor Relations Board, based in Los Angeles, filed a complaint (Case No. 31-CA-290326) alleging that the University of Southern California (USC), the Pac 12 (Pac-12) Conference and the...more

Fisher Phillips

Labor Board Advances Claims that Student-Athletes Are Employees: What Does Your Athletic Department Need to Know?

Fisher Phillips on

NLRB General Counsel Jennifer Abruzzo just took another big step in the continuing saga surrounding college sports by filing a complaint seeking to have student-athletes classified as employees under the National Labor...more

Foley Hoag LLP

NLRB General Counsel to Pursue Federal Labor Claims of Student Athletes

Foley Hoag LLP on

Last week, NLRB General Counsel Jennifer Abruzzo joined the agency’s regional prosecutors in concluding that some NCAA student athletes are employees, instructing the Board’s regional prosecutors to pursue unfair labor claims...more

Perkins Coie

Labor Law Today—2021 Year in Review

Perkins Coie on

The Board’s composition changed significantly during 2021, switching from a Republican to a Democrat-appointed majority. The five seats on the Board are traditionally filled by two Democrats, two Republicans, and a chairman...more

Jenner & Block

Students or Employees?: The National College Players Association Files Charges Asserting Student Athletes are Employees under the...

Jenner & Block on

On February 8, 2022, the National College Players Association (NCPA), an advocacy group for college athletes, filed unfair labor practice charges before the National Labor Relations Board (NLRB) against the National...more

Jackson Lewis P.C.

Effort to Classify Student-Athletes as Employees Continues With New Twist to Include Public University Students

Jackson Lewis P.C. on

Ongoing efforts to urge the National Labor Relations Board (NLRB) to classify student-athletes as employees continue with the latest unfair labor charge filed by the National College Players Association (NCPA) and their...more

Jackson Lewis P.C.

Proposed Iowa Bill Continues Efforts to Reclassify Student-Athletes as Employees

Jackson Lewis P.C. on

Iowa lawmakers have expanded on federal efforts to make student-athletes employees. They have introduced legislation (H.F. 2055) to classify intercollegiate athletes at Iowa’s state universities as state employees. This...more

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