US Court of Appeals for the Third Circuit recently ruled that some college athletes may be considered employees under the FLSA. Robert Mintz, Hugh Murray, Kate Roggio Buck, Brian Carroll, and Michael Fasciale discuss the decision and its impact on college sports in the US. Read more: https://lnkd.in/gdzNQ-TP #NCAA #FLSA
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My questions to the current College Football Bowl System Owners are; 1. What EDUCATIONAL value does participating in the extra practices and playing in the extra games during finals time and during their winter break schedule provide to the “STUDENT” Athlete Football Players? 2. What MEDICAL or HEALTH benefits does participating in these extra practices, and playing in these extra games provide to the Football Players? 3. What ECONOMICAL benefit does this extra work and additional time away from home provide to the Football Players or their families? The answer is ZERO to all three! While my Plan offers Major Benefits in all three Categories to the Players and their Families!
With the new Virginia law allowing state institutions to provide Name, Image and Likeness compensation to college athletes, it is critical for lawmakers and the NCAA to address essential questions in our recent letter to NCAA: • Will institutional NIL money be taxable income for athletes? • Is institutional NIL money subject to Title IX? • Reported on NCAA financial reports like other athlete benefits? Read our letter in response to Project D1 proposals here: https://lnkd.in/esv_XcMY #collegeathletes #collegesports #NIL #TitleIX #NCAA
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🚨🚨🚨🚨🚨🚨🚨🚨🚨🚨🚨🚨🚨🚨🚨🚨🚨🚨🚨🚨🚨🚨🚨🚨🚨🚨🚨🚨🚨🚨🚨🚨 WAKE UP STUDENT-ATHLETES‼️ 🚨🚨🚨🚨🚨🚨🚨🚨🚨🚨🚨🚨🚨🚨🚨🚨🚨🚨🚨🚨🚨🚨🚨🚨🚨🚨🚨🚨🚨🚨🚨🚨 ✦Fantastic work as always, Bill, thank you! ✦I would love to hear your thoughts on this case, Darren! This shocking and sad fact does make me ponder the question(s): 1) What steps can be taken to ensure that student-athletes are educated on social issues and equipped to contribute to meaningful conversations, ***ESPECIALLY THOSE WHICH INTRICATELY/PRIMARILY/SOLEY INVOLVE THOSE VERY STUDENT-ATHLETES***? 2) What are the potential benefits of incorporating social awareness training into college athletic programs, such as that which would be the solution to my question above? #NIL #CollegeSports #Sports #SportsIndustry #IntellectualProperty #LaborRelations #NLRB #LaborLaws #NCAA #JustPayThemAlready 🚨🚨🚨🚨🚨🚨🚨🚨🚨🚨🚨🚨🚨🚨🚨🚨🚨🚨🚨🚨🚨🚨🚨🚨🚨🚨🚨🚨🚨🚨🚨🚨
NIL education + consulting powered by the NIL Research Poll of 5,000 college student-athletes and 1,000 high school prospects.
The upcoming case before the National Labor Relations Board (NLRB), which questions whether college student-athletes should be classified as employees under federal labor law, is poised to impact nearly every aspect of collegiate athletics. The NLRB is scheduled to begin hearings on November 7 to investigate allegations of unfair labor practices against the National Collegiate Athletic Association (NCAA), the University of Southern California (USC), and the Pac-12 Conference. From October 22-27, I polled just under 1,100 current college student-athletes. Only 38% said they were aware of the NLRB’s case. #nil #nameimagelikeness
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The NCAA announced the terms of a multi-billion-dollar settlement in the House v. NCAA class-action lawsuit. As part of the settlement, the NCAA will pay $2.75 billion in back-pay to former athletes. The Association also agreed to allow college athletes to receive pay directly from universities, breaking from its century-old policy prohibiting this practice. The announcement also revealed a new revenue sharing model between athletes and power-conference schools. Attorneys for the plaintiffs stated the settlement is the most fundamental and revolutionary change in the history of college sports and marks a significant turning point in how college athletes are compensated. What do you think of the settlement? Let us know in the comments! #ncaa #NIL #sportslaw #sportslawyer
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Attorney at Kennyhertz Perry | College Sports Law Attorney | Sports Law | NIL Attorney | Business Law | Former Division I College Basketball Player
Another good piece by Michael McCann that demonstrates the need for a new college athletics model. https://lnkd.in/geWwAsWe As I and others have noted many times now, collective bargaining is the best solution to the legal and other issues currently facing college athletics. Why? Because it makes the rules negotiated by the players and the governing entity immune from antitrust law. Without that protection (and it’s likely not coming from Congress), college athletics will continue with the reactionary, haphazard, piecemeal approach dictated by courts that it has now. #ncaa #collegeathletics #collegeathletes #sportslaw
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For those who believe SCOTUS wants to take down the NCAA based on your reading of the Alston decision, here is the question presented in the petition: Less than three years ago, this Court unanimously recognized that NCAA Division I student-athletes, as laborers, have a legally cognizable interest in the education-related benefits they receive as NCAA eligible student-athletes. Nat’l Collegiate Athletic Assoc. v. Alston, 141 S. Ct. 2141 (2021). Accepting the realities of modern-day college sports that have long been overlooked in lower courts, Alston observed that the "NCAA’s Division I essentially is the relevant market for elite college football and basketball," and that "there are no ‘viable substitutes.’” Id. at 2152. Because of this market dominance, “student-athletes have nowhere else to sell their labor.” Id. at 2156 (emphasis added). A student-athlete’s eligibility to access this unparalleled market is therefore highly valuable. The question presented is: Do elite student-athletes preparing for professional athletic careers have a business or property interest in their NCAA eligibility? SCOTUS said don't care to hear it. #ncaa
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Attorney at Kennyhertz Perry | College Sports Law Attorney | Sports Law | NIL Attorney | Business Law | Former Division I College Basketball Player
States continue to enact laws that override the NCAA’s #NIL rules and guidelines. Oregon is the latest and there are similar bills in other states currently making their way through the legislative process. Oregon’s law now allows NIL deals to be contingent on attending a specific university, allows universities to facilitate, enable, and support NIL opportunities for their athletes, and prohibits the NCAA from penalizing schools and athletes for engaging in activities allowed by the law. The law went into effect immediately last week upon it being signed by the governor. As I told Pete Nakos of On3 in the piece linked below, these state laws are examples of how the NCAA continues to be marginalized by other entities. https://lnkd.in/dmNZ8M4U #nameimagelikeness #ncaa #collegeathletics #collegeathletes #sportslaw
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Attorney at Kennyhertz Perry | College Sports Law Attorney | Sports Law | NIL Attorney | Business Law | Former Division I College Basketball Player
This piece by Eric Prisbell of On3 contains a great breakdown of the various legal proceedings bearing down on the NCAA and the current college athletics model. https://lnkd.in/gm-sAhVf With all of these proceedings seemingly headed for results that aren’t in the NCAA’s favor, leaders have a choice: wait for these proceedings to dictate the future college athletics model on a piecemeal basis, or proactively create a model that complies with the law. Eric included my thoughts on the preliminary injunction entered in the Tennessee/Virginia case versus the NCAA with respect to its #NIL-recruiting rules, which is a perfect example of how courts are now analyzing the NCAA’s rules that limit athlete compensation. #ncaa #nameimagelikeness #collegeathletics #collegeathletes #sportslaw
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#ICYMI: Jason J. Montgomery participated in a discussion on Pay for Play at the University of Iowa, alongside other consultants in sport and labor law, as well as college athletics. The debate over college athletes' status as university employees is heating up, with recent legal opinions and court cases challenging the NCAA's amateurism model. View the session: https://lnkd.in/gQ3vFcKm #collegeathletes #NCAA #laborlaw
Panelist, "Pay for Play: Should College Athletes be Considered University Employees?" University of Iowa College of Law and the Iowa Board of Regents
huschblackwell.com
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"The five autonomy conferences and the NCAA agreeing to settlement terms is an important step in the continuing reform of college sports that will provide benefits to student-athletes and provide clarity in college athletics across all divisions for years to come" 😂 🙄 AND PROVIDE CLARITY: 1. Employees or not 2. Can the cap be circumevented 3. How does a newly imposed Salary Cap not violate Anti-Trust Laws 4. Will athletes opt in 5. How if at all does Title IX apply 6. Why are non-P4 programs paying 60% vs. P4 at 40% 7. Media rights valuations 8. What protections, if any, are provided for future lawsuits 9. Who was this collectively bargained with 10. Conflicts of Interests everywhere (university level, athlete level, conference levels, P4 vs. G5 vs. FCS) Anything but CLARITY!!!! #NIL #nameimagelikeness #ncaa #revenueshare #housesettlement https://lnkd.in/eW7wJUmW
Joint statement on the agreement of settlement terms - NCAA.org
ncaa.org
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As we wait for the formal settlement proposal in the House case to be filed with the court, perhaps as soon as this week, Judge Wilken made an important ruling today denying Houston Christian University's motion to intervene. HCU objects to the settlement on the grounds that it will have to divert resources from academics, research, and students to pay its share, that the funds are coming from HCU (and schools like it) and going primarily to power conference football/basketball players, and that it has had no say/representation in the settlement negotiations. Judge Wilken first addresses mandatory intervention and lays out four requirements that if met would entitle a party to intervene and then says: "The Court finds that HCU has not met its burden to establish the third requirement for mandatory intervention, because it has not shown that it is so situated that, without intervention, the disposition of this action will impair its ability to protect its claimed interest in making its own fund-allocation decisions." She emphasizes that HCU's membership in the NCAA is voluntary, and that "it is impacted by the NCAA’s decisions about how much money NCAA member schools should spend on Division I sports or Division I student-athletes, whether in connection with the settlement agreement in this action or otherwise, only because it chooses to be subject to them." She goes on to say that if HCU didn't want the NCAA's decisions impacting its finances, the school could stop participating in Division I sports. Judge Wilken also doesn't find the motion to be timely given the suit was filed four years ago. She also finds that HCU does not meet the test for permissive intervention which requires "...(1) independent grounds for jurisdiction; (2) the motion is timely; and (3) the applicant’s claim or defense, and the main action, have a question of law or a question of fact in common.” We certainly may have individual objectors from the plaintiff class once the formal settlement is filed and made available for them to review. But for now, it does not appear the small schools are going to be able to derail the settlement at this stage. #sportslaw #ncaa #NIL #antitrust #settlement
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