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Gregg E. CliftonBlog Posts

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Minor League Baseball Players’ Minimum Wage, Overtime Claims Proceed to Class Certification Stage

Former minor league baseball players are one step closer to gaining class certification of their wage and hour lawsuit against 22 Major League Baseball (“MLB”) franchises. The players allege that the franchises have been paying them less than minimum wage, denying them overtime pay, and requiring them to train during off-season without any pay. They... Continue Reading
July 19, 2015

NCAA Changes Course, Proposes Rule Allowing Players to Reject NBA and Return to School

The NCAA men’s basketball oversight committee has proposed a significant rule change that would allow undergraduate basketball players to return to school and resume their playing careers after initialing declaring their eligibility for the NBA draft. This proposed amendment is a drastic change from existing NCAA rules which prevent a student-athlete from returning to school … Continue reading NCAA Changes Course, Proposes Rule Allowing Players to Reject NBA and Return to School
June 25, 2015

The NCAA And Transgender Student-Athlete Participation

“Transgender” is an umbrella term for a person whose gender identity presentation is outside stereotypical gender norms and who may seek to change his or her physical characteristics through hormones, gender reassignment surgery, or other actions. Specifically, one’s internal psychological identification as a boy/man or girl/woman does not match the person’s sex at birth. For … Continue reading The NCAA And Transgender Student-Athlete Participation
June 11, 2015

Employers Cannot Apply Tougher Policies Retroactively to Employee Covered by CBA

Sending employers a strong message, a federal court in Minnesota has ruled that even an arbitrator’s award may be overturned where the employer seeks to enforce a disciplinary policy that was not in place when the employee’s alleged misconduct took place. National Football League Players Association (on behalf of Adrian Peterson) v. the National Football … Continue reading Employers Cannot Apply Tougher Policies Retroactively to Employee Covered by CBA
March 6, 2015

Proposed Connecticut Law Would Empower Certain Student-Athletes to Unionize

A bill has been introduced in the Connecticut General Assembly that would define certain collegiate athletes at public colleges and universities within the state as employees. The proposed law would permit eligible student-athlete employees to join unions and bargain collectively. If the bill is enacted into law, Connecticut would become the first state in the … Continue reading Proposed Connecticut Law Would Empower Certain Student-Athletes to Unionize
February 11, 2015

Major League Baseball Players Association Amends Agent Regulations To Require Written Exams For Applicants

For the first time since October 1, 2010, the Major League Baseball Players Association (MLBPA) has enacted a series of amendments to its regulations governing player agents. Approved during the MLBPA’s recent annual Executive Board meeting in Orlando, the amendments address the union’s ongoing effort to improve the quality and knowledge of agent applicants. Each … Continue reading Major League Baseball Players Association Amends Agent Regulations To Require Written Exams For Applicants
January 21, 2015

California Bill Would Create New Sexual Assault Definition For College Campuses

Students on both public and private college campuses must get “affirmative consent” before engaging in sexual activity, according to a bill passed unanimously the California legislature. The bill awaits Governor Jerry Brown’s signature. California Senate Bill 967, also known as the “yes means yes” law, makes clear that all colleges taking student financial aid funding … Continue reading California Bill Would Create New Sexual Assault Definition For College Campuses
September 2, 2014

Judge Rules Against NCAA In Antitrust Decision But Limits Potential Compensation To Athletes

United States District Court Judge Claudia Wilken has ruled that the NCAA is in violation of federal antitrust laws by prohibiting major college football and men’s basketball student-athletes from receiving compensation for the use of their names, images and likenesses in broadcasts and video games. Following a three week non-jury trial in June, Judge Wilken … Continue reading Judge Rules Against NCAA In Antitrust Decision But Limits Potential Compensation To Athletes
August 9, 2014

Ohio State Fires Band Director For Alleged Environment Of Ongoing Sexual Harassment

Ohio State University (“University”) fired the director of its marching band following a two month investigation into an alleged culture of sexual harassment and alcohol abuse in which student band members were told to participate in numerous hazing activities, including mimicking sexual acts and marching on the football field in their underwear in a ritual … Continue reading Ohio State Fires Band Director For Alleged Environment Of Ongoing Sexual Harassment
July 25, 2014

NLRB Grants Review in Northwestern Case; Election to Be Held and Ballots Impounded

As expected, the National Labor Relations Board has granted Northwestern University’s Request for Review of the Regional Director’s March 26, 2014 decision finding the scholarship football players at the University to be “employees” within the meaning of the National Labor Relations Act “as it raises substantial issues meriting review.” While, the election will take place … Continue reading NLRB Grants Review in Northwestern Case; Election to Be Held and Ballots Impounded
April 24, 2014

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