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…
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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…
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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…
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Leave Us Out of It: NCAA Field Hockey Concussion Suit

On December 2, 2019, the NCAA filed a reply memorandum in support of its motion for summary judgment against former American University student-athlete, Jennifer Bradley. In April 2014, Bradley filed suit against the NCAA, American University, and other entities and individuals. Bradley alleged the defendants breached their duty of care after she suffered a head injury while competing in a NCAA field hockey match. During a September 2011 match, Bradley was hit in the head with a hockey stick. She soon began to experience signs…
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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…
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NCAA Plays Defense on All Fronts, College Athletes Seek Big Win in Ninth Circuit

On March 8, 2019, U.S. District Court Judge for the Northern District of California, Claudia Wilken, ruled that the NCAA’s student-athlete compensation limits “unreasonably restrain trade in violation of . . . the Sherman Act.” A group of former and current student-athletes, including plaintiff Shawne Alston, applauded Wilken’s decision but is requesting that the Ninth Circuit invalidate caps on all forms of compensation. The NCAA appealed Wilken’s decision and is once again defending its student-athlete compensation rules before the U.S. Court of Appeals for the…
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NCAA Offers Lifeline: College Athletes To Benefit From Name, Image, Likeness

The NCAA announced it is starting the process to allow student-athletes to benefit off their name, image, and likeness. The move comes after multiple states introduced legislation permitting student-athletes to earn this form of compensation. Previously, we reported California Gov. Gavin Newsom signed into law the Fair Pay to Play Act. The law will take effect January 1, 2023 and will allow student-athletes to enter into endorsement deals. Since Gov. Newsom signed the California bill, multiple states introduced legislation, including New York. The move…
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All in the Family: Father of NCAA Corruption Convict Allegedly Fired for Soliciting $25,000 from Student-Athlete

Cleveland State University (CSU) has fired Lou Dawkins, the father of aspiring sports agent and convicted NCAA bribery conspirator Christian Dawkins, from his assistant basketball coach position for soliciting $25,000 from a student-athlete. As we previously reported, Christian Dawkins and Adidas consultant, Merl Code, were convicted by a federal jury in October 2018 on fraud charges. Then, in May 2019, Dawkins and Code were convicted by another federal jury on conspiracy to bribe assistant college basketball coaches. Dawkins is currently arguing for leniency in…
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Amended California Student-Athlete Bill Nabs Endorsement of LeBron James

A recent bill introduced to give student-athletes the right to earn compensation has garnered star support. The bill, SB-206, was recently endorsed by Los Angeles Lakers star LeBron James. The superstar took to Twitter to voice his support for the recently amended bill that would allow students to receive compensation for the use of their names, images, and likenesses. “Everyone is [sic] California – call your politicians and tell them to support SB 206! This law is a GAME CHANGER. College athletes can responsibly…
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California NCAA Athletes Inch Closer to Earning Compensation

As previously reported, a California bill that would allow student-athletes to be paid for their likenesses has cleared yet another legal hurdle. The closely followed bill would allow college athletes to enjoy the capital gained from their name, images, and likeness. Under current NCAA rules, student-athletes are not permitted to accept payment for, or permit, “the use of his or her name or picture to advertise, recommend, or promote” the commercial sale of goods, or use their likeness to promote a service or product.…
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