It is not easy to set aside many years of tradition and begin thinking of athletes as employees. But, for Division 1 schools, the day may have arrived. In October 2021, we issued an Alert in which we explained that the NLRB’s General Counsel, Jennifer Abruzzo, takes the position that Division 1 athletes in revenue-producing sports should be considered “employees” under the National Labor Relations Act (“the Act”). In fact, in GC Memorandum 21-08, Ms. Abruzzo explained that just using the phrase “student athlete” is a violation of section 8(a)(1) of the Act, ostensibly because this phrase tends to chill athletes’ willingness to engage in conduct protected under the Act.
The Act applies to private entities, not public institutions. Thus, at least in theory, GC 21-08 was of no real consequence to public colleges and universities. That theory has now been put to the test. The National College Players’ Association (“NCPA”) filed an unfair labor practice charge on February 8, 2022, against UCLA, USC, the PAC-12, and the NCAA. The NCPA alleges that all these entities are joint employers of athletes. The NCPA further alleges that these joint employers have interfered with athletes’ exercise of rights protected under the Act. (For example, the right to discuss compensation and working conditions). Since the NCAA and the PAC-12 are private entities, if the allegation of a joint employer relationship is found to have merit, USC and UCLA can effectively be subject to the Act even...
A Sheffield councillor who came under fire for allegedly sharing a video promoting stem cell treatment for autism says the claims are "false". It is understood that Mustafa Ahmed, Green Councillor...