Archives: Labor Law and Sports

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UPDATE: Sixth Federal NIL Bill Proposed by Kansas Senator Jerry Moran; Senator Booker Comments on Status of College Athlete Bill of Rights

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 … Continue Reading

Senator Murphy Introduces Additional Federal Name, Image, and Likeness Legislation

An additional federal legislative proposal regarding college athlete name, image, and likeness (NIL) rights has been introduced on Capitol Hill. The Bill, known as the College Athlete Economic Freedom Act (“Freedom Act”), is authored by Senator Chris Murphy (D-Conn.) a leading advocate and author on college athlete rights and U.S. Representative Lori Trahan (D-Mass.), a … Continue Reading

Will Acting General Counsel Ohr’s Appointment Lead To NCAA Athletes Becoming Eligible To Unionize?

President Joe Biden has named Peter Sung Ohr to serve as Acting General Counsel of the National Labor Relations Board (NLRB or Board). Ohr has served as the Regional Director of the NLRB Chicago office for nearly a decade. While the Regional Director, Ohr is best remembered in the world of collegiate sports for his … Continue Reading

Major League Soccer To Exercise Force Majeure Clause To Reopen Negotiations With Its Players To Address COVID-19 Financial Realities

Major League Soccer (MLS) has informed the MLS Players Association that it intends to exercise the force majeure clause that was recently added to the parties’ collective bargaining agreement (CBA) to negotiate additional contract modifications in good faith for 30 days. If a new agreement is not reached during the 30 day period, the league … Continue Reading

California Senators To Introduce Supplement To SB 206 In Advance Of NCAA’s January Name, Image, and Likeness Vote

California State Senators Nancy Skinner and Steven Bradford, the initial drafters of the historic California state legislation which granted student-athletes the legal right to seek remuneration for their name, image and likeness rights, plan to introduce new state legislation to bolster Senate Bill 206 (SB206). Although the specific language of the new bill has yet … Continue Reading

U.S. Women’s National Soccer Team Settles Some Claims in Equal Pay Lawsuit

Players on the U.S. Women’s National Soccer team have settled some of the claims the group made in its Equal Pay Act lawsuit against U.S. Soccer Federation, the national governing body for the sport. The settlement resolves issues related to working conditions that are alleged to be less favorable than those made available or provided … Continue Reading

NCAA Takes Additional Steps Toward Ratification Of Name, Image, and Likeness Legislation

The NCAA has taken a further step toward the finalization of specific provisions which would allow student-athletes the opportunity to pursue endorsement opportunities for the use of their name, image and likeness. The NCAA Division I Council has approved an updated draft of proposed student-athlete name, image, and likeness rights (NIL) legislation. This revised proposal, … Continue Reading

Senators to Introduce Additional Federal Legislation Regarding Collegiate Student-Athletes

For the second time in a little more than a month, Connecticut Senator Richard Blumenthal and New Jersey Senator Cory Booker have announced plans to introduce additional federal legislation impacting collegiate student-athletes “in the coming months.” This follows the Senators’ previous introduction of the “College Athlete Pandemic Safety Act,” which would eliminate the ability of colleges … Continue Reading

NCAA Compliance Best Practices for Institutions During COVID-19 Pandemic

The coronavirus (COVID-19) pandemic has severely affected the world of college sports. Division I conferences canceled their conference tournaments and the NCAA announced it would not be holding NCAA basketball championships this season, ending March Madness. COVID-19’s impact, however, did not stop there. The NCAA issued a division-wide “dead period” on recruiting through April 15, … Continue Reading

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
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