Scarinci Hollenbeck, LLC
The Firm
201-896-4100 info@sh-law.comFirm Insights
Labor Attorney Challenges NCAA Stance on Amateur Status
Author: Scarinci Hollenbeck, LLC
Date: March 24, 2014
Key Contacts
Back
The NCAA Compensation State of Affairs
In the current climate, the compensation of college athletes is capped at an academic scholarship, which changes in value based on the school. No matter how famous – i.e. Johnny Manziel – any athlete who receives payment outside of a scholarship could be ruled ineligible atany timee and lose his or her amateur status.
Prominent Sports Labor Attorney, Jeffrey Kessler, hopes to change this rule, as he recently filed an anti-trust lawsuit against the NCAA and its five largest conferences – the SEC, Big Ten, Pacific 12, Atlantic Coast and Big 12 – looking to end NCAA “amateurism,” according to ESPN.
“The main objective is to strike down permanently the restrictions that prevent athletes in Division I basketball and the top tier of college football from being fairly compensated for the billions of dollars in revenues that they help generate,” Kessler told ESPN. “In no other business – and college sports is a big business – would it ever be suggested that the people who are providing the essential services work for free. Only in big-time college sports is that line drawn.”
Amateurism Rules
Kessler said he believes that current amateurism rules are unfair. Those rules are as follows:
- Athletes can’t take pay or the promise of pay for competing in a sport
- Athletes can’t agree to compete in professional athletics
- Athletes can’t play professionally on an athletics team
- Athletes can’t use skill for pay in any form
As a sports lawyer with significant experience in this area, and as a parent of two successful NCAA student athletes, I can assure all that there is a very strong argument against compensating college athletes in big time sports.
If successful, Kessler could change the NCAA as we know it. The next Johnny Manziel won’t have to worry about being punished for signing autographs and the next Reggie Bush won’t have to give back his Heisman Trophy because he accepted gifts and money while in school.
There is no telling if Kessler’s lawsuit will be successful but it will be interesting to see if any changes come as a result. At the very least, this may provide a means to updating the NCAA regulations and operating procedures, which has come under fire previously.
- Industries: Entertainment & Media
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Related Posts
See all
Public Allegations, Unfinished Investigation: What New Jersey Businesses Should Do Next
When facing public allegations of wrongdoing, companies should not let the speed of the public conversation dictate the speed of an investigation. An investigation designed to confirm a preferred narrative rather than establish the facts can create serious problems later, particularly if litigation, regulatory scrutiny, or employment claims follow. Key Takeaways When public allegations surface […]
Author: Sean M. Pena
BESS Interconnection: Managing Grid, Cost, and Schedule Risk
For battery energy storage system (BESS) developers, securing equipment and site control is only part of the development equation. A project must also connect to the electric grid, and increasingly, BESS interconnection is one of the biggest sources of schedule, cost, and contractual risk. Key Takeaways This article is Part 3 of our Battery Storage […]
Author: Nicholas Wall
Navigating Director and Officer Liability in Times of Financial Distress
Director and officer liability increases sharply when a company is in financial distress. Decisions that would draw little attention in a healthy business can later be challenged by creditors, shareholders, bankruptcy trustees, and regulators as breaches of fiduciary duty, fraudulent transfers, or oversight failures. Understanding where that exposure comes from, and how to manage it, […]
Author: Michael Mietlicki
Before You Buy: Managing Real Estate and Permitting Risk for BESS Projects in New York and New Jersey
For developers pursuing battery energy storage system (BESS) projects, finding the right property is only the beginning. BESS site selection is as much a legal and transactional exercise as a real estate decision, with risk analysis central to the project’s ultimate success. Key Takeaways The core questions for BESS site selection in New York and […]
Author: Nicholas Wall
What Business Owners Get Wrong Before Meeting a Litigation Attorney
What should you expect when meeting a litigation attorney about a business dispute? You should expect to describe the dispute in your own words, hand over the most important documents, flag any deadlines or immediate threats, and leave with a clearer picture of the problem, what information is still needed, and the likely next steps. […]
Author: Michael Mietlicki
Arbitration vs. Litigation vs. Mediation: What New Jersey Businesses Should Know Before Signing a Contract
Arbitration resolves disputes privately before an arbitrator whose decision is usually final, while litigation resolves them in court with full rights of appeal. Whether a business ends up in arbitration or litigation is often decided when it signs the contract, long before any dispute arises. Key Takeaways When facing a contract dispute, carefully consider your […]
Author: Graham Staton
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Sign up to get the latest from our attorneys!
Explore What Matters Most to You.
Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.
Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.