NLRB: College Athletes Are Employees

 

written by STEVE ULRICH your must-read briefing on what's driving the day in NCAA Division III   Donate to D3Playbook Won't you please consider making a gift to D3Playbook. Your gift will help us offset the costs of operating the newsletter and enable us to continue to provide the quality you have come to expect. My heartfelt thanks to those who have already generously contributed. Please join them today.   >> Welcome to Thursday. Hard to believe it's the final day of September. >> Today's Word Count: 1,326 >> More Numbers: 1,763 subscribers, 2,842 twitter followers >> Thanks for reading D3Playbook. Share us with a friend today. Let them know what they're missing. >> Team Record books in need of an overhaul? You know they do. Send us an email and see what we can do for you.   I'd like D3Playbook in my inbox, please TOP STORY 1. NLRB: College Athletes are Employees by Michael McCann, Sportico / photo by Getty Images "In a memorandum to National Labor Relations Board regional directors and other agency officials on Wednesday, NLRB general counsel Jennifer Abruzzo announced her view that college athletes have statutory rights consistent with employee recognition under the National Labor Relations Act. While not of itself a change in law that allows athletes to be paid wages for playing sports in college, the memo is another step on the road of treating college athletes as actual laborers and not mere amateur students. The NLRB has jurisdiction over private employees, meaning private colleges and universities. It does not have jurisdiction over public universities, which are governed by state labor laws and related agencies. To be clear, Abruzzo’s memo does not, on its own, convert college athletes into employees or recognize them as employees of their school, conference or the NCAA. The general counsel does not have a vote, as do the five NLRB board members, on matters that could alter precedent. As a result, college athletic directors and their compliance staff do not necessarily need to alter their existing relations with athletes." >> Court Awareness: "While it’s important to recognize the limits of Abruzzo’s memo, the document could—when viewed in the context of other changes—pave the way for transformation. To that point, while Abruzzo might lack a “vote”, she possesses substantial powers." >> Why It Matters: "College administrators should heed the substance of the memo. For starters, Abruzzo bluntly rejects the “student-athlete” moniker, a label the NCAA and member schools and conferences have routinely employed for decades. “Student-athlete” was originally designed for legal purpose: to help schools avoid claims brought by athletes who argued they were employees and thus eligible for workers compensation. Abruzzo says she will allege violations of the National Labor Relations Act when schools “misclassify such employees as mere ‘student-athletes’.” She added that use of “student-athlete” will not, under watch, be allowed to “deprive individuals of workplace protections.” >> Reality Check: "Abruzzo went on to note that the NCAA suspending its prohibition of name, image and likeness rules in July—thereby allowing college athletes to sign endorsements and sponsorships without running afoul of NCAA rules—help to support her conclusion that college athletes engage in commercial activities and thus ought to be recognized as employees." >> The Final Word: "While many details need to be sorted, the times appear to be changing, and college athletes appear closer to becoming paid employees." >> Continue Reading A MESSAGE FROM BLUEFRAME TECHNOLOGY   Did you know BlueFrame Technology has advanced integrations with top automated cameras like the Hudl Focus? Showcase your teams and student-athletes with BlueFrame’s full streaming service priced perfectly for D3 budgets….or use their Production Truck software to stream with your current provider. Step up your game this year and STREAM LIKE A PRO with BlueFrame. Learn more today! NIL 2. Females Win on MaximBet by Kristi Dosh, Forbes Sports Money / photo by Charlie Lengal "The vast majority of state laws and institutional policies governing name, image and likeness for student athletes prohibit deals with sports betting or gambling entities. The majority, but not all of them. That’s how MaximBet is able to offer NIL contracts to every female student athlete in Colorado over the age of 21, regardless of whether they play Division I, II or III. Colorado’s state law does not specifically prohibit working with brands in any specific categories, including the gambling industry. Policies at University of Colorado, Colorado State University posted online similarly carry no category prohibitions. Doug Terfehr, vice president of brand and communications at MaximBet, said as his brand looked at how to launch in Colorado, they realized neither the state law nor institutional policies prohibited them from taking advantage of the new NIL landscape by working with student athletes in the state." >> Between The Lines: "Female student athletes who choose to accept the open offer will commit to four-month engagements and each receive a cash payment of $500 each, invitations to parties, merchandise and more. In order to become part of the MaximBet NIL team, eligible athletes must follow the brand on Facebook, Instagram, TikTok and Twitter, and send a DM to the brand on any of those platforms indicating her interest." >> What They're Saying: “We firmly believe that the student athlete on a Division III campus are just as influential as a student athlete on a Division I campus, and sometimes maybe even more so in terms of the amount of people that they reach and touch beyond their social on a small Division III or Division II campus," said Terfehr.” >> Of Note: "MaximBet is already live in Colorado and is set to go live in Indiana, Iowa, New Jersey, Ohio and Pennsylvania. So, don’t be surprised if you see them making more offers to student athletes where permitted." >> Read More RECAP 3.  About Last Night   Soccer (M) Richard Gillespie (pictured) scored in the 40th minute and Ben Brandt iced it with a tally in the 85th as Chicago (6-2-1) downed No. 3 Calvin (7-2-2), 2-0. Soccer (W) Teresa Hegarty tallied a goal early in the second half and Amanda Steinberg made it stand up as Scranton (8-0) upended No. 6 Misericordia (8-1), 1-0. Field Hockey No. 10 Ursinus (6-2) won its third straight game over a top-10 opponent, defeating No. 5 Messiah (7-2), 2-1, on a goal by Jordan Moore. Volleyball Kevin Boysen and Maggie Nierengarten combined for 21 kills as Augsburg (10-6) stunned No. 19 Wisconsin-Stevens Point (15-3) in straight sets. >> Scoreboards:  MSOC  |  WSOC  |  FHK  |  VB HONORS 4.  Players of the Week   Volleyball photo by Tresa Thornton Trinity senior OH Abby Tuggle was named the AVCA National Player of the Week. She averaged 3.54 kills per set and hit .393 to lead the Tigers to a 4-0 week. Field Hockey Ursinus defender Erin McIlhenny was named the NFHCA Defensive Player of the Week. She registered four defensive saves in a 2-0 week vs. ranked opponents. Scranton sophomore Katie Redding was tabbed as the NFHCA Offensive Player of the Week. She had five goals in two victories, including a hat trick in a victory against No. 17 Susquehanna. Soccer Delaware Valley first-year forward Jess Williamson was named the United Soccer Coaches National Women's Player of the Week. She scored 11 goals and added a pair of assists in three Aggie victories. Merchant Marine senior defender Abram Ehrhorn was selected United Soccer Coaches National Men's Player of the Week. He led the defense to three clean sheets and added three goals. VOLLEYBALL 5. Staying in Place Some movement among the top 10 teams in this week's American Volleyball Coaches Association poll. Johns Hopkins, Claremont-M-S and Trinity remain in the top three positions. VOLLEYBALL Johns Hopkins, 10-0 Claremont-Mudd-Scripps, 10-0 Trinity, Texas, 13-1 Calvin, 16-1 Colorado College, 13-2 Hope, 12-1 Emory, 11-2 Wartburg, 17-0 Mary Hardin-Baylor, 12-0 Wisconsin-Whitewater, 11-1 >> Say Hello To: Wisconsin-Stevens Point, UC Santa Cruz >> Matches We're Watching No. 1 Johns Hopkins (11-0) at Haverford (12-2), Sat. No. 7 Emory (12-2) at No. 16 NYU (12-0), Sun. >> Stat Leaders: Wellesley's Nicole Doerges leads DIII in kills per set (5.73), while Colorado College's Jenny Jenks tops the set assist list (11.20). >> Complete Poll   CROSS COUNTRY 6. Hopkins, Wartburg Remain No. 1 Only one change in this week's USTFCCCA top 10 cross country rankings. Women Johns Hopkins Wartburg Chicago Claremont-Mudd-Scripps Williams Washington, Mo. MIT Dickinson Pomona-Pitzer Bates >> New to Top 10: Pomona-Pitzer >> Complete Poll Men Wartburg Pomona-Pitzer Williams Geneseo MIT North Central, Ill. John Carroll Wisconsin-Whitewater Claremont-M-S Washington, Mo. >> New to the Top 10: none >> Complete Poll TRANSACTIONS 7.  Comings and Goings   BOWDOIN - Kara Finnerty named assistant women's lacrosse coach CARTHAGE - Jay Christiansen named head men's golf coach CENTENARY (La.) - Ricki Rebollar named assistant cheer coach. Alicia Owens named assistant softball coach ENDICOTT - George Surabian named interim head crew coach GREENSBORO - Meredith Mills named head softball coach OHIO ATHLETIC CONFERENCE - Lindsay Miller named associate commissioner PACIFIC - Lesley Hallick announced her retirement as president effective at the end of the academic year RIPON - Andrea Young named interim president SIMPSON - Announced men's volleyball will become a varsity sport in 2022-23. Kekailoa Palea named head coach TRINE - Kevin Cooke named head women's lacrosse coach TUFTS - Michael Schmidt named associate head cross country/track and field coach UNITED COLLEGIATE HOCKEY CONFERENCE - Joe Venniro named sports information director  Thanks for starting your day with us. 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