Rolanda Brandon—the mother of sixteen-year-old star quarterback Faizon Brandon, the Greensboro, North Carolina, Grimsley High School football player who has committed to play for the University of Tennessee Volunteers in 2026—recently filed a lawsuit on behalf of her son in Wake County Superior Court, challenging the North Carolina State Board
Articles Discussing The Workplace In The Education Industry.
Organized Labor Ups the Ante with Push to Turn Student-Athletes Into Employees
The ongoing battle to turn NCAA student-athletes into employees continued this week. As reported here early this year, in February, Laura Sacks, Regional Director of Region 1 of the National Labor Relations Board, issued a decision finding that the male varsity basketball players at the Ivy League’s Dartmouth College were employees of the school, despite not being offered athletic scholarships.
The decision required Dartmouth to bargain with SEIU Local 560, the union representing the basketball players, over terms and conditions of “employment.” Dartmouth refused to bargain and announced that it believed that court review would demonstrate that the NLRB decision holding that its varsity basketball players were employees would be overturned.
Yesterday, SEIU Local 560 filed an unfair labor practice complaint against Dartmouth asserting that Dartmouth’s outright refusal to bargain with SEIU violated Dartmouth’s duty to bargain in good faith under the National Labor Relations Act. The next step is for the complaint to be investigated by Region 1 of the NLRB. If a violation is found as a result of the investigation, Region 1 will issue an unfair labor practice charge against the school.
Impacts of Third Circuit’s Decision on Student-Athletes as Employees
In a landmark decision, the U.S. Court of Appeals for the Third Circuit rejected the NCAA’s argument that, because student-athletes voluntarily participate in college athletics, they cannot simultaneously be students and employees under the Fair Labor Standards Act (FLSA).
In Johnson v. NCAA, the three-judge panel stymied the NCAA’s effort
Pay to Play? Third Circuit Holds NCAA Athletes Can Be Considered Employees
The Third Circuit in Johnson v. NCAA ruled that athletes at NCAA Division I schools may be considered employees under the Fair Labor Standards Act. The Johnson decision creates a circuit split that could lead the United States Supreme Court to resolve this issue. Colleges and universities could face substantial
Antitrust—Labor Market Violations: NCAA Agrees to Stop Restricting College Athlete Transfers
The National Collegiate Athletic Association (NCAA) will stop enforcing rules restricting Division I athletes from transferring from one institution to another under a consent judgment filed in an antitrust lawsuit brought by the U.S. Department of Justice (DOJ), ten states, and the District of Columbia.
NCAA Board Approves Settlement Terms in Antitrust Lawsuits
The NCAA Board of Governors has voted to approve the terms of a settlement that would resolve several antitrust lawsuits against the NCAA and would require the organization to pay nearly $2.8 billion over a 10-year period to former Division I athletes and institute a revenue-sharing model between certain schools
Navigating Legal Complexities of NIL Agreements: Jaden Rashada
The arrival of name, image, and likeness (NIL) agreements has transformed college athletics, offering student-athletes unprecedented opportunities to profit from their personal brands. Yet, the case of Jaden Rashada, a promising quarterback, is a cautionary tale.
When Rashada entered the 2023 college recruitment season, the NCAA had recently adopted rules
Senators Lean on DHS to Provide NIL Guidance for International Student-Athletes
As restrictions lessen on collegiate athletes’ ability to be compensated for their name, image, and likeness (NIL), international student-athletes in F-1 status continue to be at risk if they pursue these economic opportunities. On April 29, 2024, a bipartisan group of U.S. senators penned a letter to Department of Homeland
Reeducating Educators on Discrimination Processes: the U.S. Department of Education Issues New Title IX Sex and Gender Nondiscrimination Regulations
The final regulations amend § 34 C.F.R. 106.1, et seq. According to a statement from the Department announcing the final rule, “The unofficial version of the final regulations is available here. In addition, the Department has released a fact sheet, a summary of the major provisions of the 2024 Title
Biden Administration Proposes Rule to Amend Higher Education Act as Part of Latest Effort to Tackle Student Loan Debt
On April 17, 2024, the Biden administration published a proposed rule that would amend current regulations to allow for certain student loan debts to be waived, potentially providing relief to millions of student loan borrowers.
NCAA Athletes as Employees Could Raise Immigration Concerns for International Students
A recent National Labor Relations Board (NLRB) ruling that the men’s college basketball players at Dartmouth College were employees of the school, as well as other legal challenges to establish the employment status of college athletes, could upend the structure of college sports and have unintended immigration consequences for international
Tennessee Federal Court Issues Preliminary Injunction Blocking NCAA’s NIL Restrictions
On February 23, 2024, the U.S. District Court for the Eastern District of Tennessee issued a preliminary injunction in State of Tennessee and Commonwealth of Virginia v. National Collegiate Athletic Association, enjoining enforcement of the National Collegiate Athletic Association’s (NCAA) Name, Image, and Likeness (NIL) recruiting ban with respect to
U.S. Senators Reintroduce Bipartisan NCAA Accountability Act
Tennessee Senator Marsha Blackburn (R) and New Jersey Senator Cory Booker (D) have reintroduced the “NCAA Accountability Act.” This follows multiple hearings held over the past few years on NCAA operations, including how the NCAA handles investigations and enforcement of its bylaws.
The bipartisan bill seeks to enhance due process
NCAA Adopts Proposal for Stricter Name, Image, and Likeness Rules for Student-Athletes
On January 10, 2024, the National Collegiate Athletic Association’s (NCAA) Division I Council unanimously adopted a proposal for stricter student-athlete protections related to name, image, and likeness (NIL) rules. The protections include making education on NIL available to student-athletes and schools; the creation of standardized NIL contract recommendations; “voluntary” registration
Highlights of the Federal Proposals to Regulate NIL Deals
Although most Name, Image, and Likeness (NIL) laws exist at the state level, Congress is weighing several competing bills that seek to create uniform regulations across the country. These proposals have unique aspects that institutions and businesses interested in entering NIL endorsement deals should understand and be prepared to