The Future of College Sports: Anticipating Reclassification of Student-Athletes as Employees

Walter Byers, the first Executive Director of the NCAA, played a pivotal role in shaping the modern landscape of college sports in the United States.  Under his leadership, the NCAA grew from a small organization with limited power into a massive governing body that regulated college sports across the nation. Although he was instrumental in shaping various aspects of college sports, from eligibility rules to the enforcement of regulations, among Byers' most significant contributions was the invention of the term "student-athlete" - a term that has had far-reaching implications for college sports and the legal rights of the athletes involved, including their rights to seek protection under the National Labor Relations Act as unionized employees.

The course, presented by Iciss Tillis, attorney and former professional women's basketball player, delves into the legal implications of "student-athlete", including the potential for athletes' protection under the National Labor Relations Act. Topics covered include the NLRB's regulation of collegiate sports, NLRB case law development, the U.S. Supreme Court's decision in NCAA v. Alston, the NCAA's Interim NIL Policy for athlete compensation, and a comparison of high school NIL practices with the NCAA. Additionally, the course analyzes Johnson et al. v. National Collegiate Athletic Association et al., examining whether student-athletes qualify as "employees" under the Fair Labor Standards Act.

Learning Objectives:

1. Examine the impact of the NCAA's use of the term "student-athlete" from a labor and employment perspective
2. Anticipate whether student-athletes will be reclassified as employees by analyzing prior decisions of the NLRB and federal courts 
3. Analyze the new landscape of collegiate sports in light of NIL and pending litigation