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NCAA Guidance Allows Schools to Engage in Certain Name, Image, and Likeness Activities With Student-Athletes, NIL Entities

The NCAA Division I Board of Directors has approved new guidance clarifying how schools can engage with student-athletes in the constantly evolving name, image, and likeness (NIL) arena on their campuses. The NCAA first implemented the Interim NIL Policy on July 1, 2021. In November 2021, the NCAA released a Q&A document, which declared that...
October 28, 2022

Could Leagues and Teams be Joint Employers Before the NLRB?

The National Labor Relations Board (NLRB) has released a Notice of Proposed Rulemaking to change the standard for determining if two employers may be joint employers under the National Labor Relations Act (NLRA). The proposed rule, expected to become effective sometime in 2023, could make it more likely that professional and collegiate leagues would be...
September 13, 2022

U.S. Supreme Court: School District Cannot Fire Coach for Personal Religious Observance After Games

The U.S. Supreme Court has held in favor of a former high school football coach in western Washington who lost his job after kneeling to pray on the 50-yard line after games. Kennedy v. Bremerton School Dist., No. 21–418 (June 27, 2022). In reversing the Ninth Circuit, the Court held the Free Exercise and Free...
June 29, 2022

Indiana Bans Transgender Girls From Playing on Their Schools’ Girls Sports Teams

Joining a host of states implementing laws prohibiting transgender athletes from competing in sports of their gender identity, Indiana has enacted legislation, over the governor’s veto, banning transgender girls from competing on their schools’ girls’ sports teams. The issue of whether transgender athletes should be allowed to compete in the sport of their gender identity...
May 31, 2022

Trailblazing Labor Contracts End U.S. Women’s Soccer Players’ Equal Pay Lawsuit

The U.S. Soccer Federation (USSF), the governing body for international soccer in the United States, and the unions representing the women’s and men’s national soccer teams, U.S. Women’s National Team Players Association, and the U.S. National Soccer Team Players Association have reached a pair of collective bargaining agreements (CBAs) with identical economic terms. For the...
May 18, 2022

NCAA Makes Next Play in Attempt to Limit Name, Image, and Likeness Activity

For the first time since the NCAA issued its Interim Name, Image and Likeness (NIL) Policy on July 1, 2021, the NCAA Board of Directors issued new guidance in an attempt to place some limits on the involvement of boosters in the rapidly growing NIL landscape. The new guidance, issued on May 9, 2022, provides...
May 12, 2022

Proposed California Bill Would Give Minor League Baseball Players More Control Over Their Name, Image & Likeness

In the wake of a recent trial court decision finding that minor league baseball players are year-round employees, California State Senator Josh Becker has introduced legislation proposing that California enact the Minor League Baseball Players’ Bill of Rights. Click here to read more on the California Workplace Law Blog.
March 22, 2022

Maryland Introduces Legislation Authorizing High School Student-Athletes to Profit from Name, Image, and Likeness Rights

Maryland State Delegate Jay Walker has introduced Maryland House Bill 1431, entitled Public High Schools-Student Athletes-Compensation for Name, Image and Likeness, which would authorize public high school athletes in the state to enter into name, image and likeness contracts (NIL), provided certain conditions are met, including the co-signing of any agreement by a parent or...
February 23, 2022

Effort to Classify Student-Athletes as Employees Continues With New Twist to Include Public University Students

Ongoing efforts to urge the National Labor Relations Board (NLRB) to classify student-athletes as employees continue with the latest unfair labor charge filed by the National College Players Association (NCPA) and their Executive Director Ramogi Huma. The unfair labor practice charge alleges that the NCAA, the Pac-12 Conference, and University of Southern California (USC) and...
February 11, 2022

Proposed Iowa Bill Continues Efforts to Reclassify Student-Athletes as Employees

Iowa lawmakers have expanded on federal efforts to make student-athletes employees. They have introduced legislation (H.F. 2055) to classify intercollegiate athletes at Iowa’s state universities as state employees. This follows a year in which numerous state legislative efforts established name, image, and likeness rights for student-athletes and federal court decisions further impacted student-athletes’ rights. The...
January 25, 2022

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