October 19, 2018 Class Actions / Litigation / NCAA

Again Ninth Circuit Unlikely to Revive Lamar Dawson’s Lawsuit

On October 15, 2018, attorneys representing Lamar Dawson, a linebacker who played for the University of Southern California between 2011 and 2015, attempted to revive a proposed class action lawsuit against the NCAA and the Pac-12 Conference. According to Dawson’s attorneys, the NCAA and the Pac-12 Conference should be considered employers of college football players, because they set limits on pay and work hours, within the meaning of the Fair Labor Standards Act (FLSA). Dawson’s attorneys are seeking to reverse U.S. District Judge Richard Seeborg’s …

April 26, 2018 NCAA

NCAA Writes Another Letter to Court; Urges Refusal of Employee Status to Division I Players

On April 17, 2018, counsel for the NCAA submitted another letter to the Ninth Circuit, contending that a recent ruling should bear weight on the court’s ultimate decision whether to consider Division I athletes as employees. The NCAA has been entangled in a suit with former football player, Lamar Dawson, who alleges that the NCAA violated California law and the Fair Labor Standards Act (FLSA) in its refusal to pay student athletes minimum wage or overtime. As we have recently reported, the NCAA first …

April 16, 2018 NCAA

Update on Lamar Dawson’s Student-Athlete Wage Suit

On April 4, 2018, attorneys representing the NCAA wrote a letter to the Ninth Circuit notifying the court that the U.S. Supreme Court recently reversed a Ninth Circuit decision that the plaintiff, Lamar Dawson, cited in his opening brief. As we have previously reported, Dawson began a class-action lawsuit in September 2016, alleging the NCAA and Pac-12 violated California law and the Fair Labor Standards Act (FLSA) by not paying student-athletes minimum wage or overtime. In April 2017, the NCAA’s motion to dismiss was …

January 17, 2018 NCAA

Former USC Linebacker Attempts to Revive NCAA Suit

A former University of Southern California linebacker, Lamar Dawson, again tried to convince the Ninth Circuit to revive his class action suit against the National Collegiate Athletic Association (NCAA) and the Pacific-12 Conference (Pac-12). As we have previously covered, Dawson began the class-action lawsuit in September 2016 alleging the NCAA and Pac-12 violated California law and the Fair Labor Standards Act (FLSA) by not paying college football players a minimum wage or overtime. “The reality of the relationship between the students and the universities …

November 30, 2017 NCAA

NCAA, Pac-12 Want Ninth Circuit on their Side in Student-Athlete Wage Suit

The NCAA and the Pac-12 filed a brief asking the Ninth Circuit to uphold the dismissal of a wage action brought by a former USC football player, arguing that not paying student-athletes is precisely what makes them amateurs. “FBS [Football Bowl Subdivision] football players are not Fair Labor Standards Act (FLSA) Employees because amateurism — a system in which compensation is explicitly prohibited — ‘defines the economic reality’ of their activity.” The brief further argued the state law claims failed because California defines the players …

September 29, 2017 NCAA

On Appeal, Former USC Linebacker Tackles Judge’s Ruling with Misapplication of Law Claims

In September 2016, Lamar Dawson, a former USC linebacker, filed a class-action suit against both the NCAA and Pac-12 Conference alleging violations of the Fair Labor Standards Act and California Labor Law. Dawson claimed the NCAA and Pac-12 failed to pay athletes minimum wage, failed to pay overtime, and failed to make timely compensation to athletes. He argued that he, among other student athletes, were without a doubt employees.

The NCAA and Pac-12 moved to dismiss the suit in January 2017, and in April, Judge …

March 31, 2017 NCAA

Judge Preliminarily Approves NCAA’s $209 Million Antitrust Settlement

A U.S. District judge has granted preliminary approval for a $208.7 million settlement in the antitrust lawsuit between student-athletes and the NCAA/eleven athletic conferences. The approval came after revisions were added to exclude claims in other athletes’ suits and to modify class definitions.

As background, the student-athletes’ original complaint, filed in 2014, challenged the NCAA’s rules prohibiting universities from paying students a larger sum than a full grant-in-aid — which covers the up to the full cost of university attendance. Not only did the …

March 6, 2017 NCAA

Former USC Football Player Urges California Court Not to Dismiss FLSA Class Action Suit

On Monday, February 27, 2017, former USC football player, Lamar Dawson, urged the Northern District of California court not to dismiss his proposed class action lawsuit, in which he seeks wages and overtime pay for Division I Football Bowl Subdivision (FBS) players.

As background, Dawson filed suit against the NCAA and Pac-12, alleging that the organizations violated the Fair Labor Standards Act (FLSA) and California State labor law by underpaying athletes, not paying athletes minimum wages for all hours worked, not paying timely compensation, not …

December 29, 2016 NCAA

Could a Sport’s Revenue be the Difference-Maker in Fight for Paid Student-Athletes?

A federal judge in California held a Seventh Circuit’s decision inapplicable to the Fair Labor Standards Act case brought by former University of Southern California linebacker, Lamar Dawson. District Court Judge Richard Seeborg rejected the defendants’ motion to stay the wage-and-hour case in spite of the NCAA and PAC 12’s motion to dismiss Dawson’s claims.

Dawson brought this class action suit after leaving USC in December 2015, arguing he was “denied full pay for all hours worked, including overtime pay, and was frequently permitted to …