On March 5, 2024, the Dartmouth College men’s basketball team voted 13-2 in favor of joining the Service Employees International Union. The election marks the first time in nearly a decade that student-athletes have been authorized to vote for union representation and may be the first case in which their election results in certified representation.... View Article
On February 23, a federal judge with the District Court for the Eastern District of Tennessee issued a preliminary injunction barring the NCAA from enforcing its rules prohibiting name, image and likeness compensation for recruits. The injunction applies nationwide. The policy in question prohibited student-athletes from negotiating and signing NIL contracts prior to enrolling at... View Article
Each month, CUPA-HR General Counsel Ira Shepard provides an overview of several labor and employment law cases and regulatory actions with implications for the higher ed workplace. Here’s the latest from Ira. Medical School Surgeon Awarded $15 Million in Damages Resulting From Biased Harassment Investigation A federal trial court jury awarded a medical school surgeon... View Article
Members OnlyOn December 15, the National Labor Relations Board (NLRB)’s Region 31 announced it will pursue a complaint against the National Collegiate Athletic Association (NCAA), the Pac-12 Conference and the University of Southern California (USC) for violating the National Labor Relations Act (NLRA) by misclassifying student-athletes as non-employees, unless the matter is settled. On February 8,... View Article
Each month, CUPA-HR General Counsel Ira Shepard provides an overview of several labor and employment law cases and regulatory actions with implications for the higher ed workplace. Here’s the latest from Ira. National College Players Association Files Unfair Labor Practice Charges Against the NCAA and Multiple Public and Private Colleges, Asserting College Basketball and Football... View Article
Each month, CUPA-HR General Counsel Ira Shepard provides an overview of several labor and employment law cases and regulatory actions with implications for the higher ed workplace. Here’s the latest from Ira. NCAA Loses Appeal For Expedited Ruling Denying Student-Athletes’ Minimum Wage FLSA Claims — Claims Move to Federal Court Trial The National Collegiate Athletic... View Article
Each month, CUPA-HR General Counsel Ira Shepard provides an overview of several labor and employment law cases and regulatory actions with implications for the higher ed workplace. Here’s the latest from Ira. U.S. Supreme Court Rules Against NCAA in Antitrust Lawsuit, Opening the Path to More Compensation for Student-Athletes On June 21, the U.S. Supreme... View Article
On June 21, the U.S. Supreme Court issued a narrow but significant decision in NCAA v. Alston. The Court unanimously ruled against the National Collegiate Athletic Association (NCAA), deciding that the NCAA’s strict limitations on education-related benefits that higher education institutions can offer to student-athletes violates federal antitrust law. In the ruling, which was written... View Article
On June 9 and June 17, the Senate Committee on Commerce, Science, and Transportation held two hearings titled “NCAA Athlete NIL Rights” and “NCAA Student Athletes and NIL Rights,” respectively. During the hearings, senators and witnesses discussed proposals to allow students to monetize their name, image and likeness (NIL) in schools across the country, in... View Article
Each month, CUPA-HR General Counsel Ira Shepard provides an overview of several labor and employment law cases and regulatory actions with implications for the higher ed workplace. Here’s the latest from Ira. EEOC Issues Guidance That Employers Can Offer Vaccine Incentives to Employees The EEOC issued guidance in late May of this year indicating that... View Article
On September 15, the Senate Health, Education, Labor and Pensions Committee held a hearing titled, “Compensating College Athletes: Examining the Potential Impact on Athletes and Institutions.” The hearing was part of ongoing Senate discussions on potential federal legislation to permit student-athletes to receive compensation for their name, image and likeness (NIL) while participating in National... View Article
On February 11, the Senate Commerce, Science, and Transportation Committee’s subcommittee on Manufacturing, Trade, and Consumer Protection held a hearing entitled, “Name, Image, and Likeness: The State of Intercollegiate Athlete Compensation.” The hearing was intended to “examine ongoing issues that surround compensating collegiate athletes for the use of their name, image and likeness.” Testifying before... View Article