Archives: Labor Law and Sports

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UPDATE: New York Student-Athlete Name, Image, and Likeness Bill Amended (Again)

New York State Senator Kevin S. Parker recently introduced his bill, the New York Collegiate Athletic Participation Compensation Act, to provide New York college student-athletes an opportunity to market their name, image, and likeness for economic benefit without affecting either their scholarship benefits or amateur status. Now, he has amended the bill a second time. … Continue Reading

National Basketball Players Association Opposes NCAA’s Amended Agent Certification Requirements

  In a recently published letter, the agents of the National Basketball Players Association (NBPA) wrote, “[T]he NCAA Agent Certification process and the rules, regulations, and guidelines surrounding it are needlessly invasive and onerous and are completely counterproductive to meeting the NCAA’s stated purpose in attempting to certify and regulate NBA agents: to protect men’s … Continue Reading

New York Senate Bill To Require Student Athletes To Share In University Ticket Revenue

The New York Collegiate Athletic Participation Compensation Act, introduced earlier this week by State Senator Kevin S. Parker, has already been amended to provide student-athletes a proposed 15% share of the annual ticket revenue generated from each school’s sporting events. The bill, initially described as legislation comparable to the California legislation formerly known as the Fair … Continue Reading

Running Backs Union Unit Clarification Petition Efforts Shutout By NLRB

Acting National Labor Relations Board (NLRB) Regional Director Daniel Nelson has rejected the efforts of the International Brotherhood of Professional Running Backs (IBPRB) to sever and form a new union and bargaining unit for the National Football League’s (NFL) running backs separate and distinct from the current National Football League Players Association (NFLPA). The Unit … Continue Reading

California Senate Bill 206-The Immediate National Impact

While California Governor Gavin Newsom considers placing his signature on Senate Bill 206 and making his state the first state in the country to allow college student-athletes to market and profit from their name, image and likeness without affecting their student-athlete status, the legislation is already having an impact nationally. In response to the unanimous … Continue Reading

The California Legislature Has Spoken-Will Governor Newsom Make Senate Bill 206 Law?

The California State Senate has unanimously passed the amendments to Senate Bill 206 in a concurrence vote making California the first state to allow college student-athletes to market and profit from their name, image and likeness without affecting their student-athlete status. The bill will now be placed before Governor Newsom for his consideration. The Governor … Continue Reading

California Assembly Passes SB 206 –Next Stop, Governor Newsom’s Desk

The California State Assembly has unanimously passed Senate Bill 206, formerly known as the Fair Pay To Play Act, prior to the scheduled end of the California legislative session on Friday, September 13th. The bill would allow California college student-athletes to earn compensation for the use of their name, image and likeness without affecting the … Continue Reading

Running Backs NLRB Petition Seeks To “Stiff Arm” NFL Players Association With New Bargaining Unit

An upstart labor organization, the International Brotherhood of Professional Running Backs (IBPRB), has filed a petition with Region 13, the Chicago office of the National Labor Relations Board (NLRB), seeking to form a separate union for the National Football League’s running backs. The unit clarification petition, NLRB Case No. 13-UC-246227, seeks to sever and create … Continue Reading

NCAA Adds, Then Modifies, Certification Requirements for Agents

In 2018, in response to a federal investigation into alleged corruption, the NCAA established the Commission on College Basketball to fully examine critical aspects of Division I men’s basketball. Among its recommendations, the Commission said student-athletes should be permitted to declare for the NBA draft but maintain their college eligibility if not drafted. This rule … Continue Reading

Will Student-Athletes on F-1 Visas be Affected by the Fair Pay to Play Act ?

The Fair Pay to Play Act, California SB 206, would allow college-level student-athletes in California to market their name, image, and likeness without affecting their amateur status. How may the new law, which is in the final phases of approval, affect international student-athletes? Foreign students enter the United States on F-1 student visas. The terms … Continue Reading

MLB Appears Ready To Dive into Uniform Patch Advertising

After observing the success of the NBA’s uniform patch program, Major League Baseball appears ready to utilize similar uniform advertising. According to MLB’s Executive and Vice President of Business and Sales Noah Garden, the MLB is considering advertising patches for players’ uniforms. Although the patches cover only a small portion of uniform space (approximately 6.25 … Continue Reading

Proposed New Jersey Legislation Would Bar Discrimination Based on Hairstyle

A bill (NJ A-5564) introduced in the New Jersey Senate and Assembly would amend the state’s Law Against Discrimination to broaden the definition of “race” to provide greater protection for individual hairstyles and prohibit hair discrimination in the workplace, housing, and schools. The amendment would protect “traits historically associated with race, including, but not limited … Continue Reading

Esports Star Tfue Sues To Void His Contract With FaZe Clan

Fortnite player Turner Tenney, professionally known as “Tfue,” has sued to void his contract with Esports team, FaZe Clan, Inc. Tfue’s action, filed in Los Angeles Superior Court, alleges that the terms of the contract he signed to play for FaZe Clan’s Fortnite team are grossly oppressive, onerous, and one-sided and in violation of California … Continue Reading

Visas For eSports Gamers On The Rise

Professional athletes who are “internationally recognized” are eligible for the P-1 visa and eSports (video games) at the professional level have become such major athletic events that eSports players have been granted these visas more and more often. https://www.collegeandprosportslaw.com/labor-law-and-sports/the-esports-industry-the-top-ten-labor-and-employment-law-issues/ In 2013, the USCIS for the first time recognized an eSports player as an athlete and … Continue Reading

The ESports Industry-The Top Ten Labor and Employment Law Issues

While Major League Baseball and the NFL often speak of growing revenue, Esports has enjoyed a meteoric rise in popularity and an accompanying increase in revenue streams of its own. Buoyed by investments into Esports organizations from international stars like Michael Jordan and Drake, and the increasing popularity of Esports stars like Tyler “Ninja” Blevins … Continue Reading

Super Bowl Sunday Considerations Following the Murphy Decision?

Millions of Americans will tune in on Sunday, February 3rd to the Super Bowl to watch one of the biggest sporting events of the year. This year’s game will again feature the New England Patriots, but it will be the first Super Bowl since the Supreme Court’s landmark case Murphy v. National Collegiate Athletic Assn., … Continue Reading

NLRB Avoids Question Of Whether UFC Fighters Are Union Eligible Employees…For Now!!!!

National Labor Relations Board (“NLRB”) Region 4 Regional Director Dennis Walsh recently dismissed Section 8(a)(1) and 8(a)(3) unfair labor practice charges filed by mixed martial arts (MMA) fighter Leslie Smith against ZUFFA, LLC d/b/a Ultimate Fighting Championship (‘UFC”) alleging that her contract to fight was not renewed in retaliation for her union organizing efforts and … Continue Reading

NHL Secures Federal Court Victory As Class Action Status Denied In Concussion Case

U.S. District Court Judge Susan Richard Nelson has denied the class-action status sought by a potential class of several thousand current and former players suing the National Hockey League (NHL) alleging that the league was negligent in its care and prevention of head trauma and that it fraudulently concealed the long-term impact of head injuries … Continue Reading

NCAA Extends Permissible Agent Use To Draft-Eligible High School Hockey Players

As high school students end their winter sports schedules and spring sports participants begin play across the country, the role and significance of agents and their use by amateur athletes as they prepare for possible selection in the upcoming Major League Baseball (MLB) amateur draft and the NHL Entry Draft is once again front and … Continue Reading

New Labor Board General Counsel Rescinds Guidance Declaring Student-Athletes ‘Employees’

One of the first actions of new National Labor Relations Board General Counsel Peter Robb was to rescind guidance that college football players at private universities are employees under the National Labor Relations Act. Robb’s Memorandum GC 18-02, which created a mandatory Division of Advice review of many Board decisions from the Obama Administration (and … Continue Reading

Can NFL Players be Fired, Disciplined for Protesting During National Anthem?

President Donald Trump has suggested that the National Football League’s television ratings decline was caused by “fans seeing those people (players) taking the knee when they’re playing our great national anthem.” Trump has urged fans to “leave the stadium” when players kneel during the national anthem and suggested that NFL team owners fire players who … Continue Reading

NLRB Finds Sports Team’s Electronic-Content Workers As Employees Eligible To Unionize

The National Labor Relations Board has found the individuals who produce electronic content for viewing during professional basketball games are employees, rather than independent contractors. Minnesota Timberwolves Basketball, LP, 365 NLRB No. 124 (2017). The Board reversed the decision of an NLRB regional director and reinstated a representation petition filed by the International Alliance of … Continue Reading
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