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Student Athletes Try to Form Labor Union
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.
The NCAA's interim policy has three main parts:
- Athletes can engage in NIL activities if they follow their state's laws where their school is located. Schools must ensure these activities comply with state law.
- Athletes in states without NIL laws can still participate in NIL activities without breaking NCAA rules.
- Athletes are allowed to seek professional service providers for their NIL activities.
The Next College Student Athlete (NCSA) is the largest college athletic recruiting platform connecting high school athletes with college coaches. The NCSA website sets forth examples of the types of things for which student athletes could now be paid. The list includes things such as: autographs and memorabilia, camps and clinics, personal appearances, merchandise, affiliate/ambassador roles, NFTs, blogging, podcasting, public speaking, music, art, etc.
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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