Trump Considers Executive Order Impacting Athletes’ Employment: What You Need to Know

Potential Changes to College Athlete Employment Status

Recently, discussions have emerged around whether college athletes should be classified as employees. A draft executive order from former President Donald Trump asks federal authorities to clarify this issue for collegiate athletes. The document suggests that clarifying employment status could enhance educational opportunities provided through athletic departments.

College sports officials and some lawmakers have long pushed against recognizing athletes as employees. They argue that many athletic programs, particularly smaller ones, might struggle with the financial consequences. This draft order doesn’t explicitly ban employment but emphasizes the need for clarity on the matter.

Surprisingly, news of this potential executive order caught many in the college sports world off guard. While sources indicate that Trump may not proceed with the order, its existence shows ongoing concern for college athletics rather than initiating major reform.

If the order moves forward in its current form, a commission would be established to explore how to support college athletes and preserve athletic opportunities. The focus would involve not only athletes themselves but also schools, conferences, and lawmakers.

In recent years, college athletic leaders have sought federal legislation to counteract a series of antitrust lawsuits. The proposed law aims to prevent athletes from being classified as employees and would grant the NCAA the power to set its own rules regarding player compensation. So far, over a dozen bills on this topic have been introduced in Congress, but none have progressed to a full vote.

The National Labor Relations Board (NLRB) plays a crucial role here. If it decides college athletes aren’t employees, they would lose the ability to form unions or negotiate collectively for better pay and benefits. Recently, members of the House Commerce Committee voted to advance a bill offering the NCAA the protections it seeks.

Interestingly, college athletes began receiving direct payments from their schools on July 1, following a significant antitrust ruling. Schools can pay their athletes up to $20.5 million combined in the upcoming academic year. This shift indicates the evolving landscape of collegiate sports. However, concerns remain: if Congress doesn’t grant the NCAA an antitrust exemption, further legal challenges could arise.

Some coaches believe that recognizing players as employees could stabilize the system. Louisville’s coach, Jeff Brohm, recently argued for a structured approach where players would earn salaries under a cap. As current policies treat athletes like independent contractors—allowing payment for the use of their name, image, and likeness—this could set a precedent for future legal arguments advocating for employee rights.

Existing federal cases, such as Johnson v. NCAA, argue for athletes’ employee status under labor laws. The case’s attorney, Paul McDonald, believes denying these rights could be unconstitutional as it differentiates college athletes from other student workers.

The discourse around college athletes’ status has intensified, and as the landscape of college sports evolves, the conversation surrounding their rights and protections is likely to continue.

For additional insights on the implications of this topic, you can explore reports from the National Labor Relations Board here.

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