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

From the last line of Justice Kavanaugh’s concurring opinion, one thing is clear from the U.S. Supreme Court’s unanimous ruling against the NCAA in NCAA v. Alston,

“The NCAA is not above the law.”

The Supreme Court, in a unanimous opinion authored by Justice Neil Gorsuch and supported by all nine justices, and Justice Kavanaugh’s