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ARTICLE · 28 MARCH 2023

Pending NCAA Ruling Could Spell Change For Unpaid Interns

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The U.S. Court of Appeals for the Third Circuit in February held oral arguments in a case that could decide whether student-athletes can be considered university employees...

United StatesEmployment and HR
Babak G. Yousefzadeh
Babak G. Yousefzadeh
Skyler Hicks
Skyler Hicks
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The U.S. Court of Appeals for the Third Circuit in February held oral arguments in a case that could decide whether student-athletes can be considered university employees under the Fair Labor Standards Act.

Its interpretation of the law might reverberate beyond the confines of college sports and could implicate whether unpaid student interns must also be treated as employees.

In late 2019, Ralph Johnson, a former Villanova University football player, initiated a class action in the U.S. District Court for the Eastern District of Pennsylvania in Johnson v. National Collegiate Athletic Association, asserting that student-athletes in Pennsylvania, New York and Connecticut qualify as university employees under the FLSA, and thus must be compensated for their time spent related to their athletic activities.

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