Topic
Employee Status
54 published works
New York Attorney Malpractice Blog
Employee or Independent Contractor? It will make a Difference
It is our anecdotal experience that legal malpractice cases suffer a higher percentage of dismissals at the CPLR 3211 stage than do other types of claims, including medical malpractice. Park…
SCOV Law
Students or Employees? Or Both?
By Andy DelaneyOne opinion on Friday. This one does not answer the question of "whether predoctoral fellows and trainees are employees for purposes of the State Employees Labor Relations Act…
Wage & Hour - Developments & Highlights
Are Student Athletes Employees For FLSA Purposes-The Third Circuit Weighs In
The issue of whether student athletes are “employees” and subject to FLSA coverage has been hotly contested for a number of years. The colleges assert the players are amateurs and…
Who Is My Employee?
Whelmed: Federal Appeals Court Says Student-Athletes Might Be Employees under FLSA
Today I am feeling whelmed. That’s because I just read the 65-page opinion in Johnson v. NCAA. The issue before the Third Circuit Court of Appeals was whether college athletes…
Nonprofit Law Prof Blog
House Committees Address Threat to Intercollegiate Athletics
I have preached a lot over the last few weeks about intercollegiate athletics and the NCAA. Particularly regarding the fear that without Congressional intervention, student athletes will soon gain employee…
Labor & Employment Report
So, Dartmouth Won’t Play Ball with the Union…
By Fiona W. Ong
As our associate Evan Conder reported in a blog post last month, a Regional Director for the National Labor Relations Board issued a game-changing decision that players on Dartmouth’s men’s…
School Law
Third Circuit Hears Case on Whether College Athletes May Be Employees
By Jarad M. Lucan, Sarah N. Niemiroski
Current and former college athletes are suing the National Collegiate Athletic Association (“NCAA”) over the NCAA’s failure to pay them an hourly wage. Last week, the Third Circuit heard argument…
Nonprofit Law Prof Blog
Coach Prime, Excess Benefit and Revenue Sharing
I can't believe how old and fatter I am getting. I was reminded of my age while reading a sports story about Deion Sanders' contract with Jackson State University. The…
Employment Law Worldview
New EAT employee status decision fails to make a virtue out of necessity (UK)
There is a long-established legal principle that you can only imply an employment relationship in the face of a contract saying something different if it is necessary to do so,…
Larkin Hoffman Employment & Labor Law Blog
The National Labor Relations Board and College Athletes in a New World
In 2015 the National Labor Relations Board (NLRB) declined to exercise jurisdiction over a petition filed by a union seeking to represent Northwestern University’s scholarship football players. The NLRB was…