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Gregg E. CliftonBlog Posts

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Jackson Lewis Guides Olympic Bobsledder Kaillie Humphries to U.S. Citizenship

Through a joint effort of our immigration team headed by John Exner in our Los Angeles office and our sports industry group led by Gregg Clifton in our Phoenix office, Jackson Lewis was able to guide Olympic bobsledder Kaillie Humphries to U.S. citizenship just in time for her to qualify to compete on the U.S.... Continue Reading
December 6, 2021

Major League Baseball Owners Use “Only Tool Available” To Lockout Players

Major League Baseball (MLB) exercised its legal right and remedy guaranteed pursuant to current federal labor laws when it commenced a lockout of its players shortly after the five-year collective bargaining agreement (CBA) between MLB and the Major League Baseball Players Association expired at midnight on December 2. This marks the first work stoppage in...
December 2, 2021

High School Student-Athletes Asserting Name, Image, and Likeness Rights Moves to Forefront

Not only are name, image, and likeness (NIL) rights being asserted in collegiate sports, high school athletics are beginning to experience expansion of NIL rights as well. After the National Collegiate Athletic Association (NCAA) announced it would no longer enforce almost all of its NIL rules prohibiting individual athletes competing at NCAA-affiliate institutions from marketing...
November 18, 2021

First NLRB Charge Filed Alleging Student-Athletes Are Employees Since NLRB General Counsel’s Memorandum

Unable to find a student-athlete willing to file an unfair labor practice charge to support the effort of the General Counsel of the National Labor Relations Board (NLRB) to reclassify student-athletes as “employees” as defined in the National Labor Relations Act (NLRA), Michael Hsu, co-founder of the recently formed college basketball player advocacy group, the...
November 15, 2021

Bipartisan Federal Legislation Introduced to Drastically Modify NCAA’s Current Infractions Process

A little more than two years ago, James Wiseman was the University of Memphis’ prize recruit expected to lead that school back to the Final Four. Now, following his very limited college career that was plagued by allegations of NCAA rules violations and an NCAA declaration of ineligibility for 12 games, his name may be...
November 4, 2021

Texas Bill Restricting Transgender Student-Athlete Sports Participation About to Become Law

Texas House Bill 25, “The Save Women’s Sports Bill,” would bar public school students from participating in interscholastic athletic opportunities designated for the opposite “biological sex.” The proposed legislation was passed by the Texas State Senate by a 19-12 margin, and an amended version of the measure received support and approval from the State House...
October 18, 2021

University Policy Mandating COVID-19 Vaccines for Student-Athletes Blocked by Sixth Circuit

As vaccination mandates continue to be a topic of discussion and discord in the workplace, the world of college athletics is not exempt from similar mandatory vaccine controversy. The First Amendment rights of 16 student-athletes seeking a religious exemption as a basis to avoid compliance with Western Michigan University’s (WMU) COVID-19 vaccination requirement were “likely... Continue Reading…
October 11, 2021

University Policy Mandating COVID-19 Vaccines for Student-Athletes Blocked by Sixth Circuit

As vaccination mandates continue to be a topic of discussion and discord in the workplace, the world of college athletics is not exempt from similar mandatory vaccine controversy. The First Amendment rights of 16 student-athletes seeking a religious exemption as a basis to avoid compliance with Western Michigan University’s (WMU) COVID-19 vaccination requirement were “likely...
October 11, 2021

NLRB’s General Counsel Uses Prosecutorial Authority to Assert Student-Athletes Are Employees

The on-and-off effort at the National Labor Relations Board (NLRB) to classify “student-athletes” as “employees” has renewed. Although the National Labor Relations Act contains no formal recognition of student-athletes as employees, NLRB General Counsel Jennifer Abruzzo issued a memorandum on September 28, 2021 (GC 21-08) asserting “her prosecutorial position” that certain players at academic institutions...
October 1, 2021

UPDATE: Federal Judge Allows Student-Athletes Wage and Hour Claims Against the NCAA to Continue

The NCAA must defend claims that they are a joint employer from student-athletes seeking to be paid for the time they spend participating in collegiate athletic activities. Despite U.S. District Court Judge John Padova’s dismissal with prejudice of wage and hour claims filed by the student-athletes against more than 20 schools that the plaintiffs never...
September 26, 2021

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