On February 18, 2025, National Labor Relations Board Acting General Counsel William Cowen rescinded a September 2021 memorandum in which former Board General Counsel Jennifer Abruzzo declared college athletes should be considered employees under the National Labor Relations Act. This was one of many memoranda he rescinded that had been issued by his Biden-administration predecessor.
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How NCAA Changes to Transgender Policy Following President Trump’s Executive Order Impact Schools
Takeaways
- President Trump signed executive order “Keeping Men out of Women’s Sports,” barring transgender women from competing in women’s sports and citing fairness, safety, and privacy concerns. Schools that do not comply with the new federal policy risk losing federal funding under Title IX enforcement.
- In response, the NCAA immediately revised its transgender participation policy,
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Impacts of Third Circuit’s Decision on Student-Athletes as Employees
In a landmark decision, the U.S. Court of Appeals for the Third Circuit rejected the NCAA’s argument that, because student-athletes voluntarily participate in college athletics, they cannot simultaneously be students and employees under the Fair Labor Standards Act (FLSA).
In Johnson v. NCAA, the three-judge panel stymied the NCAA’s effort to reverse the denial…
NCAA Board Approves Settlement Terms in Antitrust Lawsuits
The NCAA Board of Governors has voted to approve the terms of a settlement that would resolve several antitrust lawsuits against the NCAA and would require the organization to pay nearly $2.8 billion over a 10-year period to former Division I athletes and institute a revenue-sharing model between certain schools and athletes. The details of…
Navigating Legal Complexities of NIL Agreements: Jaden Rashada
The arrival of name, image, and likeness (NIL) agreements has transformed college athletics, offering student-athletes unprecedented opportunities to profit from their personal brands. Yet, the case of Jaden Rashada, a promising quarterback, is a cautionary tale.
When Rashada entered the 2023 college recruitment season, the NCAA had recently adopted rules allowing compensation to student-athletes for…
Senators Lean on DHS to Provide NIL Guidance for International Student-Athletes
As restrictions lessen on collegiate athletes’ ability to be compensated for their name, image, and likeness (NIL), international student-athletes in F-1 status continue to be at risk if they pursue these economic opportunities. On April 29, 2024, a bipartisan group of U.S. senators penned a letter to Department of Homeland Security (DHS) Secretary Alejandro Mayorkas…
U.S. Senators Reintroduce Bipartisan NCAA Accountability Act
By Jayvon Brown & Paul V Kelly
Tennessee Senator Marsha Blackburn (R) and New Jersey Senator Cory Booker (D) have reintroduced the “NCAA Accountability Act.” This follows multiple hearings held over the past few years on NCAA operations, including how the NCAA handles investigations and enforcement of its bylaws.
The bipartisan bill seeks to enhance due process protections for intercollegiate athletic programs…
U.S. Government Joins States in Challenging NCAA’s Transfer Eligibility Rule
The U.S. Department of Justice, alongside the District of Columbia and states of Mississippi, Virginia, Minnesota, joined seven other states in their antitrust challenge against the NCAA’s transfer eligibility rule.
The rule blocks some student-athletes from immediately competing after transferring between colleges and has been a recent source of contention in the world of college…
NCAA President Charlie Baker’s Open Letter: Student-Athletes Must Join the Conversation
NCAA President Charlie Baker penned a letter to student-athletes, asking for feedback on his proposal to allow Division I (D-I) schools to pay student-athletes directly.
In the December 19 letter, Baker emphasized that schools and student-athletes need to partner with Congress in seeking a federal law with an antitrust exemption preventing college athletes from being…
NCAA Suspends Transfer Eligibility Rule After Court Ruling
A federal court ruling has forced the NCAA to suspend its transfer eligibility rule, bringing temporary relief to college athletes seeking to transfer schools without sitting out a year of competition.
The rule, which requires certain Division I athletes who transfer schools to defer a year of competitive eligibility, was challenged in a federal lawsuit…