State of California and NCAA may reach tipping point

[scoscox]

I don’t think it’s quite that easy because being a student doesn’t necessarily mean they’re not employees. Student workers are employees. Grad assistants are oftentimes employees. RAs and oftentimes those in Student government are also paid.

right, but the athletes are not paid, so they wouldn't be employees.

[XUGRAD80]

Their status as employees or as non-employees depends on what lawyer you talk to and what court decision you want to quote. It will all be decided by the Supreme Court sometime in the future,

[xubrew]

right, but the athletes are not paid, so they wouldn't be employees.

Well that’s the whole debate. Will the courts rule that they can/should be paid? Some would say that they already are. Others would say that the NCAA amateurism rules violate anti-trust laws. The NCAA is saying that they’re not employees at all, but I’m not all that sold that they’re going to be able to convince the right people of that.

[GIMMFD]

right, but the athletes are not paid, so they wouldn't be employees.

This isn't a combative question or anything like that, genuinely curious, but would the stipends that athlete's receive (money for food on away trips, etc.) count as payment, so could that technically make them employees?

[muskiefan82]

The NCAA would be much better served by bypassing the employee argument and having student athletes enter into a contract agreement for four years. Just like when you hire a contractor. They aren't your employees. They work for you, but under the rules set forth in the contract. Just get the contract language right and this all goes away.

[scoscox]

This isn't a combative question or anything like that, genuinely curious, but would the stipends that athlete's receive (money for food on away trips, etc.) count as payment, so could that technically make them employees?

I would assume thats one of the stronger arguments for them being employees. I think it’s usually cited as a sort of financial aid program/part of the scholarship and that’s how they get around it

[waggy]

Ultimately schools need to be educators first. Students should be there for preparation for the future, not to earn money. That comes later, hopefully after graduation. But when you have programs that admit people that wouldn't normally be admitted because they are talented athletically, or you have schools with bogus classes for athletes, it's not a good look at all.

[waggy]

The NCAA would be much better served by bypassing the employee argument and having student athletes enter into a contract agreement for four years. Just like when you hire a contractor. They aren't your employees. They work for you, but under the rules set forth in the contract. Just get the contract language right and this all goes away.

Yup. I would only add that I think such contracts would need to be generated by schools individually... Otherwise you run the risk of anti-trust cries.

[muskiefan82]

Sure. The value of the degree is different at each school based on tuition rates, so the contract should be specific to each school as well

[sirthought]

The NCAA would be much better served by bypassing the employee argument and having student athletes enter into a contract agreement for four years. Just like when you hire a contractor. They aren't your employees. They work for you, but under the rules set forth in the contract. Just get the contract language right and this all goes away.

This would be a disaster. Just look at all the businesses now trying to say people in the gig economy aren't employees. It's falling apart for them little by little. GM is suffering a strike because they won't move temp workers to full time out of fear they'll join a union.