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Entertainment and Sports Law Labor Law

Student Athletes Try to Form Labor Union

Does the ability to receive remuneration for being a college athlete mean that the students are deemed employees of the university? Do employment laws apply? Are labor laws enforced? Does OSHA enter the equation? What about HIPAA concerns relating to medical conditions and injuries?

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One of the most frequent questions that crosses the plane of sports and employment law, is whether college athletes should be paid. Student athletes contend that they should be treated as “employees” while educational institutions prefer to classify students as merely that, students. The landscape dramatically changed in 2021, when the National Collegiate Athletic Association (NCAA) implemented its interim policy on name, image and likeness (NIL), allowing student-athletes to make money from their personal brand.

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