ELA Founder and CEO and Hirschfeld Kraemer LLP Partner Stephen J. Hirschfeld is quoted in the Law360 article “College Athletes’ NLRB Petition May Open Pandora’s Box” regarding efforts by a group of Northwestern University football players to convince the National Labor Relations Board (NLRB) that they are “employees,” and therefore eligible to form a union.
Hirschfeld expressed skepticism, based on case law, that the NLRB would agree with the student athletes. “Even with an NLRB dominated by the Obama appointees, it is very hard for me to believe that they will ultimately conclude that these student athletes are employees under the National Labor Relations Act, based on the case law to date. If it happens, there's no way the appellate courts will agree with it,” he observed.
However, Hirschfeld added that the concerns raised by proponents of student athlete unionization were very real given the significant revenue generated by athletic programs, particularly Division 1 football and basketball.
If student athletes were deemed “employees,” Hirschfeld noted, creative plaintiffs’ lawyers would be quick to seize the opportunity to put forward cases involving standard employment concerns such as wage and hour and overtime claims.
To read the full article, please click here.