What Student-Athletes Say about Employment Status
Another Case That Will Impact College Athletics
The upcoming case before the National Labor Relations Board (NLRB), which questions whether college student-athletes should be classified as employees under federal labor law, is poised to impact nearly every aspect of collegiate athletics.
The NLRB is scheduled to begin hearings on November 7 to investigate allegations of unfair labor practices against the National Collegiate Athletic Association (NCAA), the University of Southern California (USC), and the Pac-12 Conference.
From October 22-27, I polled just under 1,100 current college student-athletes. 38% said they were aware of the NLRB’s case.
Legal Questions and Real-World Ramifications
This case revolves around the joint employment status of student football and basketball players and the potential misclassification of these individuals as "non-employee student-athletes."
The outcome of this case has the potential to create numerous legal and real-world ramifications, among them:
How will smaller educational institutions meet the financial obligations associated with employing student-athletes?
Will this set into motion on-going wage claims, discrimination lawsuits, and concerns related to Title IX?
And with employee status, will student-athletes seek to unionize?
More poll results: 73% of student-athletes said they would be in favor of employee status. 54% of student-athletes said they would be interested in joining a student-athlete union.
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Power Five and Everyone Else
One of the key issue lie in the significant financial disparities between universities, particularly those belonging to the Power Five and smaller institutions. The latter may find it challenging to bear the financial burden of paying athlete salaries and benefits.
This might continue the trend toward "super conferences,” comprising high-revenue programs, better equipped to accommodate athlete salaries and benefits. Smaller schools could face challenges and may be at risk of diminishing in significance.
More poll results: 38% of student-athletes said they are in favor of “super conferences.” 64% of student-athletes said that student-athletes as employees was good for the long-term health of college athletics.
Bill Carter is an NIL Consultant, Educator, and Speaker. He is a NIL Columnist for Sports Business Journal and teaches NIL in College Sports at the University of Vermont’s Grossman School of Business. Click here to read about Bill’s NIL Consulting and NIL Education for sports organizations, universities, and brands.