Up next Athletes paid Employees potential Unionization

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tpstulane
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As the NCAA World Turns the next potential bombshell could force universities to pay athletes a minimum wage based on the amount of time spent training and playing. Athletes would then be able to unionize.

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https://theathletic.com/5256184/2024/02 ... ed_article
But the entire college athletics enterprise has changed dramatically since that initial Northwestern decision, which came pre-O’Bannon/Alston/NIL. Shortly after the 2021 Alston decision, the NLRB’s general counsel, Jennifer Abruzzo, issued a memo to field officers that basically said, yes, they’re employees, all but inviting other athletes to follow suit.

Should the NLRB uphold the Dartmouth decision, every athletic team at every private university could file the same unionization petition and expect it to be granted. There is already a similar case underway in Los Angeles involving USC.

A world where private school athletes are employees and public school athletes are not would be untenable for the NCAA. Further muddying the waters is the ongoing Johnson vs. NCAA federal lawsuit dealing with the same issue, which may be years away from finality. If you want to handicap the NCAA’s chances, however, know that part of its defense is a 1992 case that ruled against prisoners arguing they’re entitled to minimum wage.

I fail to see how anyone could argue with a straight face that college athletes aren’t employees, given it says right on the IRS website: “… anyone who performs services for you is your employee if you can control what will be done and how it will be done.” Given schools/coaches control athletes’ practice and travel schedules, and call mandatory meetings, etc. — duh?

But that doesn’t mean there won’t be dire consequences. If athletic directors suddenly have to carve out millions from their budgets to pay hundreds of athletes minimum wage, it’s not going to come at the expense of their salary or that of their most important coaches. They inevitably will slash their number of non-revenue teams, reduce roster sizes, etc. Many smaller schools may have to cut sports entirely. This doesn’t mean it shouldn’t happen; the law says what the law says. But it’s going to be extremely messy when it does.


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RobertM320
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"anyone who performs services for you is your employee if you can control what will be done and how it will be done.”

Its an EXTRACURRICULAR activity. ALL students are eligible to participate in them. Does this mean students that choose to participate in a club that competes against other schools will also be considered employees? What about high school kids? They don't HAVE to participate in football, but if they CHOOSE to, the coaches and the schools and the association decide how much they can practice and when they play. Wait until parents start getting a W-2 because their 13 year old daughter decided to join the girls soccer team at her high school.
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anEngineer
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I still think that ultimately the Universities will demand to know what their return or benefit is to giving a scholarship if they are forced to pay or buy players. Accepting a scholarship will come with a waiver that limits compensation in some way.
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MicMan
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I thought Northwestern student/athletes won the right to organize some years ago.
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RobertM320
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anEngineer wrote: Sun Feb 11, 2024 9:32 am I still think that ultimately the Universities will demand to know what their return or benefit is to giving a scholarship if they are forced to pay or buy players. Accepting a scholarship will come with a waiver that limits compensation in some way.
Agreed. Because there is some value to the education, and if you have to be a student to be eligible to play. So, do they say players that get paid don't get free scholarships? Kind of like grown kids who live at home and have a job, but don't want to help pay the upkeep of the house. If you're going to live here as an adult, and make really good money, you're going to pay rent, too.
"That mantra is the only consistent thing that never needs to ever change for the rest of this program’s existence because that is all that matters & as long as that keeps occurring, everything will handle itself" -- Nick Anderson
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tpstulane
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RobertM320 wrote: Sun Feb 11, 2024 11:08 am
anEngineer wrote: Sun Feb 11, 2024 9:32 am I still think that ultimately the Universities will demand to know what their return or benefit is to giving a scholarship if they are forced to pay or buy players. Accepting a scholarship will come with a waiver that limits compensation in some way.
Agreed. Because there is some value to the education, and if you have to be a student to be eligible to play. So, do they say players that get paid don't get free scholarships? Kind of like grown kids who live at home and have a job, but don't want to help pay the upkeep of the house. If you're going to live here as an adult, and make really good money, you're going to pay rent, too.
I wonder if scholarships will be considered some form of income.
Be proactive, being reactive is for losers..
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