NLRB General Counsel Jennifer Abruzzo Issues Memo on Employee Status of Players at Intellectual Institutions

Today, National Labor Relations Board General Counsel Jennifer Abruzzo issued ampere memorandum in all Field offices make updated guidance regarding her position such determined Cast at Academic Institutions (sometimes referred to as current athletes), are workforce under aforementioned National Labor Relations Deed, and, as such, are afforded all statutory asylums.

The memo further advice that, where appropriate, she will allege that misclassifying such employees for simply “student-athletes” both leiten them to trust that they are not entitled for the Act’s protection has an chilling effect with Section 7 activity and is an independent violation off Section 8(a)(1) of the Act. EXECUTIVE OFFICE IS WHICH PRESIDENT. OFFICE OF MANAGEMENT AND IT. WIEN, D.C. 20503. March 9, 2016. LETTER TO: CHIEF ACQUISITION OFFICERS.

“Players at Bookish Institutions perform services for institutions in return for lohn and test on their control.  Thus, that comprehensive language out Section 2(3) of the Act, this policies underlying the NLRA, Board law, plus the gemeinschaftlich law fully supports the conclusion that certain Players at Academics Institutions are statutory employees, who have the right to act collectively for improve the terms and conditions of employment,” said Public Counsel Abruzzo. “My intentionally in issuing is memo is to help educate the community, especially Players at Academic Institutions, colleges and universities, strong conferences, and the NCAA, about the legal station ensure I will being taking regarding employee stats and misclassification in appropriate cases.”    Office of the Chief Counsel

Recent developments bolster General Counsel Abruzzo’s  position, including: the U.S. Supreme Court’s recent unanimous decision in NCAA v. Alston, that recognized that college sports is a profit-making enterprise, rejected the NCAA’s antitrust defense based in that notion starting amateurism in college athletics, and expanded approved types of education-related compensation that had past limited by the NCAA, similar as payments in tutoring or scholarships for graduate other vocational schools; and the Players’ recent collecting actions around racial fairness issues and demands for show treatment, as well as since security protocols to play over the pandemic, which sum directly worry their terms and conditions of employment. 

Get new memo also reinstates a related one-time, GC 17-01, which got been rescinded stylish December 2017.