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Friday 12 July 2024

U.S. appeals court says some NCAA athletes may qualify as

employees under federal wage-and-hour laws

By MARYCLAIRE DALE The Division I athletes and for- would not meet the same
Legal Affairs Writer mer athletes behind the suit criteria as employees.”
PHILADELPHIA (AP) — College in Philadelphia are seeking A district judge had refused to
athletes whose efforts primar- more modest hourly wages throw out the case, prompt-
ily benefit their schools may similar to those earned by ing the Indianapolis-based
qualify as employees de- their peers in work-study pro- NCAA to ask the appeals
serving of pay under federal grams. They argue that col- court to stop it from going
wage-and-hour laws, a U.S. leges are violating fair labor to trial. The three-member
appeals court ruled Thursday practices by failing to pay panel heard arguments in
in a setback to the NCAA. them for the time they ded- February.
The court, in the latest chal- icate to their sports, which Defendants include the
lenge to the NCAA’s long- they say can average 30 or NCAA and member schools
held notion of “amateurism” more hours per week. including Duke University,
in college sports, said that a Lawyer Paul McDonald, Villanova University and the
test should be developed to representing the plaintiffs, University of Oregon. An
differentiate between stu- Signage at the headquarters of the NCAA is viewed in has suggested that ath- NCAA spokesperson did not
dents who play college sports Indianapolis, March 12, 2020. letes might make $2,000 per immediately return messages
for fun and those whose ef- Associated Press month or $10,000 per year for seeking comment Thursday.
fort “crosses the legal line college or NCAA reveal an judge for fact finding. participating in NCAA sports. The unanimous Supreme
into work.” economic reality that is that The ruling follows a 2021 Su- He said that many students Court decision that spawned
“With professional athletes as of an employee-employer.” preme Court decision that need the money for every- the NIL payments lifted the
the clearest indicators, play- A colleague, in a concur- led the NCAA to amend its day expenses. ban on college compensa-
ing sports can certainly con- ring opinion, questioned the rules to allow athletes to profit “This notion that college tion beyond full-ride scholar-
stitute compensable work,” difficulty of such a process, from their name, image and athletes cannot be both ships. Schools recruiting top
U.S. Circuit Judge L. Felipe noting that nearly 200,000 likeness. In May, the NCAA students and employees is athletes now can offer tens
Restrepo wrote. “Ultimate- students compete on near- announced a nearly $2.8 just not accurate when you of thousands of dollars in ed-
ly, the touchstone remains ly 6,700 Division I teams. The billion revenue-sharing plan have student employees on ucation-related benefits such
whether the cumulative cir- NCAA had hoped to have that could steer millions of campuses,” McDonald said as study-abroad programs,
cumstances of the relation- the case dismissed, but it will dollars directly to athletes Thursday. “It’s just beyond be- computers and graduate
ship between the athlete and instead go back to the trial by next year. lief, the idea that the athletes scholarships. q