Scarinci Hollenbeck, LLC
The Firm
201-896-4100 info@sh-law.comFirm Insights
Author: Scarinci Hollenbeck, LLC
Date: January 17, 2014
The Firm
201-896-4100 info@sh-law.comIn order to remain an amateur athlete, the NCAA says a college athlete can’t have a contract with a professional team, salary for participating in athletics, prize money above actual and necessary expenses and benefits from an agent or prospective agent.
However, a recent court decision – O’Bannon vs. the NCAA – could help any college athlete earn money in the future. A federal judge ruled that football and basketball players in major programs could challenge NCAA rules that prohibit compensation beyond the value of their athletic scholarships. It wasn’t a complete victory for collegiate athletes though, as the judge ruled that they aren’t able to recoup past damages.
One of the biggest arguments NCAA athletes have is that rules prevent them from turning professional when they desire. Baseball players have to stay in college for three years if they pass on being drafted out of high school. Basketball players must attend college for one year before becoming eligible for the NBA draft. Football players also have to be in school for three years before draft eligibility is granted. As a note, this three-year period also applies to athletes who have been redshirted. Johnny Manziel is likely to declare for the draft, despite only playing for two seasons, as he was a redshirt freshman – this year of inactivity counts toward the three-year rule.
Athletes could argue that these rules are preventing them from earning wages. And, what happens if they get injured while participating in collegiate athletics and can no longer pursue a professional career? Sure, they could take out an insurance policy on themselves but that may not make up for the millions that the select few could earn.
With these issues facing the NCAA, it will be interesting to see how the organization moves forward. Will athletes be paid? Will they be able to go straight to the pros? Only time will tell.
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
The Trump Administration’s new tariffs are having an oversized impact on small businesses, which already tend to operate on razor thin margins. Many businesses have been forced to raise prices, find new suppliers, lay off staff, and delay growth plans. For businesses facing even more dire financial circumstances, there are additional tariff response options, including […]
Author: Brian D. Spector
Business partnerships, much like marriages, function exceptionally well when partners are aligned but can become challenging when disagreements arise. Partnership disputes often stem from conflicts over business strategy, financial management, and unclear role definitions among partners. Understanding Business Partnership Conflicts Partnership conflicts place significant stress on businesses, making proactive measures essential. Partnerships should establish detailed […]
Author: Christopher D. Warren
*** The original article was featured on Bloomberg Tax, April 28, 2025 — As a tax attorney who spends much of my time helping people and companies who have large, unresolved issues with the IRS or one or more state tax departments, it often occurs to me that the best service that I can provide […]
Author: Scott H. Novak
On January 28, 2025, the Trump Administration terminated Gwynne Wilcox from her position as a Member of the National Labor Relations Board (NLRB or the Board). Gwynne Wilcox, a union side lawyer for Levy Ratner, was confirmed to the Board for an original term in 2021 and confirmed again for a successive five-year term expiring […]
Author: Matthew F. Mimnaugh
Breach of contract disputes are the most common type of business litigation. Therefore, nearly all New York and New Jersey businesses will likely have to deal with a contract dispute at least once. Understanding when to file a breach of contract lawsuit and how long you have to sue for breach of contract is essential […]
Author: Brittany P. Tarabour
Closing your business can be a difficult and challenging task. For corporations, the process includes formal approval of the dissolution, winding up operations, resolving tax liabilities, and filing all required paperwork. Whether you need to understand how to dissolve a corporation in New York or New Jersey, it’s imperative to take all of the proper […]
Author: Christopher D. Warren
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
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.
Let`s get in touch!
Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!