Just When You Thought It Was Over: 9th Circuit Seeks More Information from Athletes and NCAA

Previously, it was reported that U.S. District Court Judge for the Northern District of California, Claudia Wilken, handed a limited win to college athletes in the Shawne Alston, et al v. NCAA, et al case. Judge Wilken ruled that the NCAA cannot limit compensation or benefits “related to education.” However, the plaintiffs were seeking to invalidate caps on all forms of compensation. In their quest, they appealed Judge Wilken’s ruling to the U.S. Court of Appeals for the Ninth Circuit. On Jan. 6, 2020, the…
Continue reading...

NCAA President Says Student-Athlete Compensation Rule Changes Limited by Antitrust Lawsuits

NCAA President Mark Emmert stated in a panel that the NCAA’s planned reforms regarding student-athlete compensation will be limited by rulings in various antitrust cases. After California passed a law allowing for student-athlete compensation and many states looked to follow, the NCAA announced in a statement that it would allow student-athletes to benefit off their name, image, and likeness. The NCAA stressed that any changes would have to be consistent with the collegiate model. In addition to new laws and proposed legislation, the NCAA…
Continue reading...

New Jersey State Assembly’s Not-So-Flowery Debate on Student-Athlete Pay

New Jersey is the latest state to advance a student-athlete pay-for-play bill. On November 14, 2019, New Jersey State Assemblywoman Lisa Swain and Assemblyman P. Christopher Tully introduced Assembly Bill 5863, or the New Jersey Fair Play Act. Previously, we reported a slate of states, including California, passed or introduced student-athlete compensation bills. Like many of those bills, the New Jersey bill will allow student-athletes to earn compensation using their name, image, or likeness. However, some New Jersey State Assembly members voiced their concerns with…
Continue reading...

An Unusual Coalition: Five U.S. Senators Spark Bipartisan Effort on Student-Athlete Compensation

A group of five United States senators announced that they will be discussing the drafting of federal legislation addressing the compensation of college athletes. The five senators are: Cory Booker, D-New Jersey; Chris Murphy, D-Connecticut; Mitt Romney, R-Utah; Marco Rubio, R-Florida; and David Perdue, R-Georgia. As we reported earlier, California became the first state to allow student-athletes to be compensated through endorsements or sponsorships. The NCAA was vehemently opposed to any efforts to mandate payment of college athletes and even threatened to ban California schools…
Continue reading...

One More Time: New Lawsuit Argues NCAA Must Pay Athletes Minimum Wage

Trey Johnson, a former defensive back for Villanova University, has sued the NCAA, arguing that the organization has violated federal labor law and that it must pay student-athletes a minimum wage. In his lawsuit, Johnson argues that student-athletes clearly constitute employees under the Fair Labor Standards Act (FLSA). Specifically, he notes that college students in work-study programs are classified as employees, meaning that they are subject to minimum wage laws. Meanwhile, student-athletes, who work longer schedules and create the need for some of these work-study…
Continue reading...

(Anti)trust the Process: Could a Ban-But-Not-Break Gamble lead to the NCAA’s Doomsday Scenario?

Money and power. The NCAA for years has had both but now may end up with neither. The recent passing of California’s Fair Pay to Play Act has the potential to fundamentally change college sports forever. This groundbreaking legislation allows athletes from in-state schools to earn compensation through endorsements. Trying to prevent the floodgates from opening, the NCAA is firmly planting its foot down, demonstrating its unwillingness to move off the status quo. Instead, they are threatening to ban California schools from competition rather than…
Continue reading...

Ex-Athlete, Now Congressman, Ready to Suit Up Against the NCAA

On September 30, 2019, it was reported that California Gov. Gavin Newsom signed into law the Fair Pay to Play Act. Previously, we have reported that the bill will allow student-athletes at the 58 member schools within California to receive compensation for the use of their name, image, and likeness. Within days of  Newsom signing California’s Fair Pay to Play Act, U.S. Congressman Anthony Gonzalez, of Ohio, announced his intention to propose a federal bill to give student-athletes the opportunity to benefit from the use…
Continue reading...

Pennsylvania and Florida Latest to Introduce Bills to Pay Student-Athletes

The bandwagon keeps rolling — Florida and Pennsylvania have become the latest states to introduce legislation that would allow student-athletes to earn compensation through endorsements and sponsorships. Like the recent bill signed into law in California, which allows student-athletes to receive compensation for the school’s use of their name, image, and likeness, state legislators in Florida and Pennsylvania introduced their own versions of the Fair Pay to Play Act. On September 30, 2019, Florida state Rep. Kionne McGhee introduced House Bill 251–a bill that would …
Continue reading...

California First State to Pay Student-Athletes

On September 30, 2019, California Gov. Gavin Newsom signed the Fair Pay to Play Act. Groundbreaking legislation and the first of its kind, this act will allow California student-athletes to earn compensation through endorsements or sponsorships. As we have continued to report, the legislation – now law – comes on the heels of the heated debate across the country on whether student-athletes should be compensated for their services. California is now the first state in the country to allow student-athletes at the 58 member…
Continue reading...

The Battle for Student-Athlete Pay Rages: New York Joins the Movement

California’s state legislature passed The Fair Pay for Play Act (SB-206), which is designed to allow student-athletes to earn compensation through the use of their name, image, and likeness. Previously, we reported that two South Carolina state lawmakers intend to introduce a similar bill. On September 23, 2019, the Empire State joined the movement after New York State Sen. Kevin S. Parker introduced a bill similar in language to the bill California recently passed. Parker believes this is about equity. He understands that student-athletes are…
Continue reading...