Judge Denies NCAA’s Motion to Dismiss in Student Athlete’s Wage Suit

On July 25, 2018, U.S. District Judge Michael M. Baylson denied the NCAA and Villanova University’s motion to dismiss in Lawrence “Poppy” Livers’ amended lawsuit. As we have previously reported, Livers sued the NCAA claiming that the NCAA, Villanova, and other universities were violating the minimum wage provision of the Fair Labor Standards Act (FLSA). Livers likened college athletes to paid student employees and claimed they should be compensated as such. The NCAA and Villanova moved to dismiss the amended lawsuit because it was…
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NCAA & Villanova Critique Student Athlete’s Amended Wage Suit

The Sports Law Insider previously reported on a putative class’ wage suit against the NCAA and several universities. The suit by former Villanova football player Lawrence “Poppy” Livers was brought in September 2017. Livers asserted that the NCAA, Villanova and other universities were violating the minimum wage provision of the Fair Labor Standards Act (FLSA). Livers likened college athletes to paid student employees and claimed they should be compensated as such. However, Livers needed to show that the NCAA and the universities “willfully” violated the…
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Marlins Move Former Employee’s Wage Suit to Federal Court

In April 2018, a former marketing manager for the Miami Marlins filed a lawsuit against the team, claiming lost wages and violations of the Fair Labor Standards Act. On Friday, June 1, 2018, the Marlins filed a notice of removal, moving the case to federal court pursuant to the club’s contention that the former employee’s complaint raises substantial questions of federal law. Boris Garcia Menier started as an intern with the Marlins in 2006 and later became a marketing coordinator, supervisor and then manager…
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Putative Class Action against NCAA and Universities Dismissed for Untimeliness

On May 17, 2018, a federal judge dismissed a putative class’ wage suit against the National Collegiate Athletic Association (NCAA) and several universities for failing to file within the two-year period required under the statute of limitations.  Lawrence “Poppy” Livers, a former Villanova University football player, brought a claim in September 2017, asserting that the NCAA, Villanova, and other universities were violating the minimum wage provision of the Fair Labor Standards Act (FLSA).  Specifically, Livers contended that he and other college athletes with scholarships should…
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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…
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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…
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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…
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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…
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