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ARTICLE · 29 OCTOBER 2021

NLRB General Counsel's Memorandum Foreshadows Additional Changes To NCAA Athletics

Lippes Mathias LLP
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On September 29, 2021, National Labor Relations Board (NLRB) General Counsel, Jennifer A. Abruzzo, issued Memorandum GC 21-08 (the "Memorandum")

United StatesEmployment and HR
Joseph W. Schafer
Joseph W. Schafer

On September 29, 2021, National Labor Relations Board (NLRB) General Counsel, Jennifer A. Abruzzo, issued Memorandum GC 21-08 (the "Memorandum") stating her groundbreaking prosecutorial position that "scholarship football players at Division I [Football Bowl Subdivision (FBS)] private colleges and universities, and other similarly situated Players at Academic Institutions, are employees under the [National Labor Relations Act (NLRA)]." This Memorandum, on the heels of the Supreme Court's decision in NCAA v. Alston, could have drastic ramifications for colleges and universities. While the consequences of this position are not detailed in the Memorandum, the NLRB Regional Offices will be applying this analysis to future cases.

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