The National Labor Relations Board (NLRB) has released a Notice of Proposed Rulemaking to change the standard for determining if two employers may be joint employers under the National Labor Relations Act (NLRA). The proposed rule, expected to become effective sometime in 2023, could make it more likely that professional and collegiate leagues would be
Collegiate Sports
NCAA Makes Next Play in Attempt to Limit Name, Image, and Likeness Activity
By Paul V. Kelly & Katherine B. Brezinski on
For the first time since the NCAA issued its Interim Name, Image and Likeness (NIL) Policy on July 1, 2021, the NCAA Board of Directors issued new guidance in an attempt to place some limits on the involvement of boosters in the rapidly growing NIL landscape.
The new guidance, issued on May 9, 2022, provides…
First NLRB Charge Filed Alleging Student-Athletes Are Employees Since NLRB General Counsel’s Memorandum
By Gregg E. Clifton & Patrick L. Egan on
Unable to find a student-athlete willing to file an unfair labor practice charge to support the effort of the General Counsel of the National Labor Relations Board (NLRB) to reclassify student-athletes as “employees” as defined in the National Labor Relations Act (NLRA), Michael Hsu, co-founder of the recently formed college basketball player advocacy group, the…
University Policy Mandating COVID-19 Vaccines for Student-Athletes Blocked by Sixth Circuit
By Gregg E. Clifton on
Posted in Collegiate Sports, COVID-19
As vaccination mandates continue to be a topic of discussion and discord in the workplace, the world of college athletics is not exempt from similar mandatory vaccine controversy.
The First Amendment rights of 16 student-athletes seeking a religious exemption as a basis to avoid compliance with Western Michigan University’s (WMU) COVID-19 vaccination requirement were “likely…
NLRB’s General Counsel Uses Prosecutorial Authority to Assert Student-Athletes Are Employees
The on-and-off effort at the National Labor Relations Board (NLRB) to classify “student-athletes” as “employees” has renewed. Although the National Labor Relations Act contains no formal recognition of student-athletes as employees, NLRB General Counsel Jennifer Abruzzo issued a memorandum on September 28, 2021 (GC 21-08) asserting
“her prosecutorial position” that certain players at academic institutions
…
California Fair Pay to Play Act To Become Effective September 1, 2021
By Benjamin A. Tulis on
Posted in Collegiate Sports
On August 31, 2021, Governor Newsom signed Senate Bill 26 (SB 26) which makes the provisions of the Fair Pay to Play Act (The Act) operative September 1, 2021, and makes the provisions applicable to the California Community Colleges.
Click here to continue reading on the California Workplace Law Blog.
NCAA Modifies Student-Athlete Transfer Rules to Create Immediate Eligibility
By Gregg E. Clifton & John G. Long on
In a much-anticipated move, the NCAA Division I Council has approved a rule change to modify current transfer rules and unify all student-athletes under the same transfer rules. The change will allow student-athletes in five sports (football, men’s and women’s basketball, baseball, and men’s hockey) to join other Division I student-athletes. It also will authorize…
Mississippi Student-Athletes Name, Image, and Likeness Law Awaits Governor’s Signature
By Gregg E. Clifton on
Mississippi Governor Tate Reeves is expected to make Mississippi the seventh state to enact name, image, and likeness (NIL) legislation.
When signed, the Mississippi Intercollegiate Athletics Compensation Rights Act will allow Mississippi student-athletes to earn endorsement compensation from the use of their name, image, and likeness and authorize their hiring and use of professional representation,…
Supreme Court Allows DOJ to Join Oral Argument in Alston Case
By Nicholas A. Plinio & Gregg E. Clifton on
The U.S. Supreme Court has announced that it would allow the U.S. Department of Justice (DOJ) to became an additional presenter during the landmark case, NCAA v. Alston, which is set for oral argument on March 31, 2021.
The Alston case arises out of consolidated appeals from the NCAA and several high-level conferences in…
UPDATE: Sixth Federal NIL Bill Proposed by Kansas Senator Jerry Moran; Senator Booker Comments on Status of College Athlete Bill of Rights
By Gregg E. Clifton & Nicholas A. Plinio on
Amateur Athletes Protection and Compensation Act.
The Amateur Athletes Protection and Compensation Act of 2021 (Protection Act), the sixth federal proposal governing student-athlete name, image, and likeness (NIL) rights, has been introduced U.S. Senator Jerry Moran (R-KS). Senator Moran’s legislation combines aspects of prior partisan legislation proposed by both Republican and Democratic legislators.
The Protection…