In the fast-moving arena of name, image, and likeness opportunities, it isn’t hard to fathom student-athletes making NIL deals with physicians, hospitals, and physical therapy/sports medicine clinics similar to the sponsorship deals that athletics departments have made with medical professionals.
Whether players are ultimately considered student-athletes or employees, a recent lawsuit filed by a member of the University of Mississippi's football team illustrates the types of claims that may be brought in response to a typical personnel decision made by coaches.
Case name: Lozano v. Baylor University, et al., No. 6:16-CV-403 (W.D. Texas 11/21/23).
The National Labor Relations Board recently concluded that the members of the Dartmouth University men's basketball team are considered to be employees of the university for the purposes of federal labor law. That conclusion was based on the members of the team performing “work,” that the university “controlled the work,” and that the work was done in exchange for “compensation.” As a result of that decision, the NLRB determined that the team members are eligible to vote in an election to decide if they want a union to represent them. If the majority of the team votes in favor of union representation, the union could then negotiate with the university on all terms and conditions of employment, including compensation and benefits.
Case name: Thompson v. The Pennsylvania State University, No. 1460 MDA 2022 (Pa. Super. Ct. 11/28/23).
Case name: Powell v. Doane University, No. 8:20-CV-0427 (D. Neb. 10/03/23).
Case name: Letter re: University of California, Los Angeles, No. 09-23-2083 (OCR 08/31/23).
Case name: Thomas v. East Carolina University, et al., No. 4:22-cv-00030 (E.D. N.C. 09/21/23).
This column is adapted from my book, Abundance Leaders: Creating Energy, Joy, and Productivity in an Unsettled World, published by Wiley.
In international football — the sport we refer to as soccer here in the United States — a “transfer” refers to the reassigning of a player's registration from one football club to another. Typically, when a player transfer occurs, a negotiated compensation amount, or “transfer fee,” is paid by the interested team to the club that currently possesses the player's contractual rights. This financial transaction is seen as a necessary way to compensate the soon-to-be former club for the costs associated with the player's training, instruction, and development. (See bit.ly/3RPwqgD.)
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