College Football Players deemed “Employees” under NLRA

In early March, the National Labor Relations Board (“Board”) conducted hearings regarding Northwestern University’s Football Players bid to form a union.

The prevailing issue that arose in the players’ request to form a union is whether college athletes are considered “employees” within the meaning of the National Labor Relations Act (“NLRA”).

The University argued that the players are students and not employees. Similarly, in Boston Med. Ctr. Corp, 330 N.L.R.B 152 (1999), it was held that medical school residents are not considered “employees” under the NLRA even though they received cash benefits. Additionally, in Brown University, 342 N.L.R.B. 483 (2004), it was held that graduate assistants were not “employees” under the NLRA because they were “primarily students and had a primarily educational, not economic relationship with the university.”

However, and perhaps surprisingly, the Board held that indeed the players are considered “employees,” and should have a right to form a union. The Board reasoned that because these players are paid in the form of scholarships, work between 20-50 hours per week and generate millions for their institutions, there is enough evidence to classify them as “employees.”

The athletes contend that by unionizing, they will seek better medical coverage, the possibility of being paid, scholarships and more frequent concussion testing. Based on this ruling, pay for play cannot be far behind. For more information about Employment Law in NY contact Borrelli & Associates, P.L.L.C.

Published by
Borrelli & Associates

Recent Posts

Firm Secures Judgment in the amount of $145,000.00 – Wage & Hour Violations

March 2025 Moniruzzaman, et al v. Foodbridge, LLC d/b/a Printon 56, and Corporate Chef, Let’s…

5 days ago

What NYC Employees Need to Know About Sick Leave and Paid Time Off in 2026

If you work in New York City, your sick leave and paid time off rights…

1 week ago

$150,000.00– Race & National Origin Discrimination

March 2025 Firm represented a male staff member against his former employer for race and…

2 weeks ago

How to Request Workplace Accommodations for Disabilities in New York

If you work in New York State or New York City and have a disability,…

2 weeks ago