Thursday December 7, 2023

Athletes as Employees?

  • Just 24 hours before the Congressional hearing, the National Labor Relations Board released an explosive memo about college athletes’ amateur status.
  • While NCAA officials opposed it in the hearing, lawmakers and one witness appeared in favor of it.
Photo: Melina Myers-USA TODAY/Design: Alex Brooks
Linkedin
Copy Link
Link Copied
Link Copied

Just 24 hours before the Congressional hearing, the National Labor Relations Board published an explosive memo about college athletes’ amateur status. It came up several times Thursday.

General counsel Jennifer Abruzzo wrote that certain athletes should be considered employees under the National Labor Relations Act. Schools could be in violation of the act if they mislead athletes — and Abruzzo specifically attacked the phrase “student-athletes.”

This doesn’t automatically change athletes’ status. But it promised that Abruzzo will take this stance in future cases brought before the NLRB

Here’s where lawmakers and NCAA officials stand:

  • Unsurprisingly, Emmert, McWilliams, and Livingstone all opposed the idea — reflecting the NCAA’s official stance — though Emmert said “student-athlete” less than usual.
  • Rep. Lori Trahan (D-Mass.) said that NIL rights, and the NLRB’s memo, were “long overdue.”
  • Rep. Jan Schakowsky (D-Ill.), endorsed the College Athlete Bill of Rights and helped Northwestern football players try to unionize, so she supports the idea.
  • Huma has also long supported giving athletes protections under employment law.

Emmert and co. warned that making athletes employees might be the end of college sports as we know them — a baseless threat they’ve used every time compensation reform has been on the table.

They said that schools would be forced to cut women’s sports if they had to divert revenue to compensate football players, for example. But Title IX requires that schools provide equitable women’s sports opportunities regardless of revenue.

Either way, if any college athletes get reclassified as employees, it won’t happen for a long time. But as long as Abruzzo is in charge, the movement seems to have a friend at the NLRB.

Linkedin
Copy Link
Link Copied
Link Copied

What to Read

Seven State AGs Sue NCAA Over Transfer Eligibility Rule

They say the NCAA’s one-time transfer reform didn’t go far enough.
Two federal lawmakers from Florida have asked the CFP for more transparency in its decision-making process after FSU's omission from the playoff.

Florida's Federal Lawmakers Are Going After the College Football Playoff

Rep. Gus Bilirakis and Sen. Rick Scott have both made statements.
Five professional sports labor unions have endorse college athletes becoming employees.

Five Pro Sports Unions Endorse College Athlete Employment

The MLBPA, NFLPA, NBPA, NHLPA, and MLSPA weighed in.
podcast thumbnail mobile
Front Office Sports Today

Why the NBA May Have Made Billions With Midseason Tournament

0:00
0:00

Featured Today

The College Football Playoff is considering rotating TV networks for the national championship game.

CFP Considers Super Bowl-Like Rotation For National Championship Game

Multiple networks could share rights to the championship game, sources told FOS.
Brett Favre
November 27, 2023

Favre Welfare Case Hold-Up? "AG’s Office Has Not Expressed Interest In Pursuing"

The DOJ interviewed Brett Favre in early 2020.
The future of the Pac-12 rests on a court decision.
November 24, 2023

The Pac-12 Plays Its Final Regular-Season Game. Then A Court Decides Its Fate.

The conference's future rests with a court decision.
Lane Kiffin
November 9, 2023

Ole Miss, Lane Kiffin Lawyers Argue for Dismissal of Player Lawsuit

FOS obtained audio of Lane Kiffin's interaction with the player behind lawsuit.

Careers

Powered By

Careers in Sports

Looking for a new job? Check out these featured listings and search for openings all over the world.
FanDuel
Multiple Locations
Adidas
Multiple Locations
Creative Artists Agency
Multiple Locations
NCAA President Charlie Baker has proposed new rules that would allow athletes to receive more compensation.

New NCAA Proposal Takes Step Toward Compensating Athletes

It does not allow athletes to become employees, however.
December 3, 2023

After Unbeaten FSU’s Snub, Financial and Legal Fallout

FSU, ACC to take sizable revenue hit despite Seminoles' undefeated season.
JMU football has been spending like a Group of 5 team for years. Now it will play its first bowl game.
December 4, 2023

James Madison, the FCS Team That Spent Like an FBS Team To Become One

The Dukes have been spending like a Sun Belt program for years.
Sponsored

NHL’s Chris Foster on Amplifying Content Distribution With Automation

Learn how the NHL is using WSC Sports to increase fan engagement.
Florida lawmakers already have an appetite to propose state legislation to protest Florida State not making the College Football Playoff.
December 3, 2023

Florida Lawmakers Consider Protesting Florida State CFP Omission

It's unclear what form a bill would take.
December 1, 2023

TV Networks Are Programming College Football’s Future: What’s Next

Conference championship weekends will have a different feel in the future.
A lawsuit against the university of Oregon could dictate the future of Title IX and NIL.
December 1, 2023

New Lawsuit Could Decide Whether NIL Is Subject To Title IX

It's one of the biggest unanswered questions of the NIL era.