Are College Athletes Employees? Courts and the NLRB Weigh In
Highlights
A federal judge in Pennsylvania ruled that a group of college athletes plausibly pled they are employees under the Fair Labor Standards Act, and allowed their lawsuit against their universities to proceed
The case raises key, novel issues about which test should be used to determine whether a student athlete is an “employee” under the FLSA
Relatedly, the general counsel for the National Labor Relations Board announced in a formal memorandum that college athletes should be treated as employees under the National Labor Relations Act
Five prominent universities are asking the U.S. Court of of Appeals for the Third Circuit for interlocutory review of an adverse ruling in a potential watershed lawsuit over whether student athletes can be considered employees under federal law.
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