Student Athletes

The Supreme Court’s unanimous June 2021 decision in NCAA v. Alston was a seismic shift in the landscape of college athletics. The Court ruled that NCAA restrictions on education-related benefits for college athletes violated antitrust laws. This decision challenged the NCAA’s long-standing definition of amateurism and allowed for greater compensation for student-athletes, acknowledging their substantial contributions to the collegiate sports industry.

While not directly addressing employment status, the ruling underscores the evolving perception of the roles and rights of student-athletes within the framework of higher education and athletics.

The National Labor Relations Board (NLRB) has also played a pivotal role in the student-athlete debate. Only a few months after the Supreme Court’s decision in Alston, the NLRB’s General Counsel issued a landmark memorandum stating that college athletes should be considered employees under the National Labor Relations Act (NLRA).

The NLRB’s position is grounded in the belief that the relationship between student-athletes and their institutions mirrors that of an employer and employee, given the control schools exert over the athletes’ schedules, activities, and, in many cases, their financial earnings through scholarships. The NLRB’s stance opened the door for student-athletes to assert their rights to collective bargaining and other employee protections.