Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

Entertainment Law & FinanceFeaturesEntertainment and Sports LawLabor Law

Student Athletes Try to Form Labor Union

By Jeffrey Campolongo and Scott M. Badami
December 01, 2023

One of the most frequent questions that crosses the plane of sports and employment law, is whether college athletes should be paid. Student athletes contend that they should be treated as "employees" while educational institutions prefer to classify students as merely that, students. The landscape dramatically changed in 2021, when the National Collegiate Athletic Association (NCAA) implemented its interim policy on name, image and likeness (NIL), allowing student-athletes to make money from their personal brand.

The NCAA's interim policy has three main parts:

|
  • Athletes can engage in NIL activities if they follow their state's laws where their school is located. Schools must ensure these activities comply with state law.
  • Athletes in states without NIL laws can still participate in NIL activities without breaking NCAA rules.
  • Athletes are allowed to seek professional service providers for their NIL activities.

The Next College Student Athlete (NCSA) is the largest college athletic recruiting platform connecting high school athletes with college coaches. The NCSA website sets forth examples of the types of things for which student athletes could now be paid. The list includes things such as: autographs and memorabilia, camps and clinics, personal appearances, merchandise, affiliate/ambassador roles, NFTs, blogging, podcasting, public speaking, music, art, etc.

Does the ability to receive remuneration for being a college athlete mean that the students are deemed employees of the university? Do employment laws apply? Are labor laws enforced? Does OSHA enter the equation? What about HIPAA concerns relating to medical conditions and injuries?

This premium content is locked for Entertainment Law & Finance subscribers only

  • Stay current on the latest information, rulings, regulations, and trends
  • Includes practical, must-have information on copyrights, royalties, AI, and more
  • Tap into expert guidance from top entertainment lawyers and experts

For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473

Read These Next
How Secure Is the AI System Your Law Firm Is Using? Image

In a profession where confidentiality is paramount, failing to address AI security concerns could have disastrous consequences. It is vital that law firms and those in related industries ask the right questions about AI security to protect their clients and their reputation.

COVID-19 and Lease Negotiations: Early Termination Provisions Image

During the COVID-19 pandemic, some tenants were able to negotiate termination agreements with their landlords. But even though a landlord may agree to terminate a lease to regain control of a defaulting tenant's space without costly and lengthy litigation, typically a defaulting tenant that otherwise has no contractual right to terminate its lease will be in a much weaker bargaining position with respect to the conditions for termination.

Pleading Importation: ITC Decisions Highlight Need for Adequate Evidentiary Support Image

The International Trade Commission is empowered to block the importation into the United States of products that infringe U.S. intellectual property rights, In the past, the ITC generally instituted investigations without questioning the importation allegations in the complaint, however in several recent cases, the ITC declined to institute an investigation as to certain proposed respondents due to inadequate pleading of importation.

The Power of Your Inner Circle: Turning Friends and Social Contacts Into Business Allies Image

Practical strategies to explore doing business with friends and social contacts in a way that respects relationships and maximizes opportunities.

Authentic Communications Today Increase Success for Value-Driven Clients Image

As the relationship between in-house and outside counsel continues to evolve, lawyers must continue to foster a client-first mindset, offer business-focused solutions, and embrace technology that helps deliver work faster and more efficiently.