January 8, 2020 Antitrust / Legislation / Litigation / NCAA / Sponsorships

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 …

December 16, 2019 Legislation / NCAA

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 …

December 12, 2019 Legislation / NCAA / Sponsorships

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 …

November 18, 2019 Class Actions / Labor & Employment / Litigation / NCAA

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 …

September 25, 2018 Antitrust / NCAA

Judge Highlights Inconsistencies in NCAA Rules against Paying Student Athletes

The NCAA antitrust trial continues, as Division I college basketball and football players vie for compensation, arguing that the current NCAA provisions illegally restrict player wages.

On Friday, U.S. District Judge Claudia Wilken probed NCAA vice president Kevin Lennon on the association’s limits on student wages, pointing out apparent discrepancies between rules imposed on various conferences.

Judge Wilken highlighted a NCAA provision adopted in 2014 that allows five conferences to independently determine their financial aid rules, despite NCAA bylaws imposing cost-of-attendance limits. Visibly perplexed, …

September 21, 2018 Antitrust / NCAA

NCAA Antitrust Trial Continues with Testimony from Pac-12 Commissioner

As part of the continuing NCAA antitrust action, Pac-12 Commissioner Larry Scott took the stand on Tuesday, issuing a grave warning about the future of amateur sports if the judgment were to be awarded in the plaintiffs’ favor.

Scott testified that any proposal to abandon the pay limit rules currently in place in the NCAA would “create significant consumer confusion,” making it “murkier” for broadcasters and fans to understand the nature of collegiate sports. He also stated that lifting such pay limits would be …