Quote:A former Villanova football player is suing the NCAA, claiming that college athletes should be viewed as employees and paid like other students who participate in work-study programs on campus.

Trey Johnson filed the class-action lawsuit Wednesday in the Eastern District of Pennsylvania federal court. Along with the NCAA, 22 Division I universities are listed as defendants. Johnson, who currently plays in the Canadian Football League, is asking for what amounts to unpaid wages for his time spent on the Villanova football team.

"Our case says everyone deserves to be paid in every sport," said Paul McDonald, one of the attorneys representing Johnson in the case along with Michael Willemin from the law firm of Wigdor LLP. "[The NCAA] could do this starting next fall if they put their mind to it. You would just fold student-athletes into the same system as other work-study students."

Quote:In most cases regarding the Fair Labor Standards Act, the court will run the claim through one of two standard tests to determine if the plaintiff should be considered an employee and is entitled to minimum wage. In the Penn track runners case -- Berger v. NCAA --the court decided no test was necessary after the NCAA successfully argued it should be granted an exception because of its tradition of amateurism. According to McDonald, the NCAA argued for its exception by using a case in which prisoners in Illinois sued in an attempt to be paid for the work they did while incarcerated.

Quote:McDonald said he was confident that the judge in this case will at least allow for the employment test, which amounts to a series of questions that seek to define the relationship between the athlete and his or her school. He said he believes Johnson and any others who join the lawsuit will be able to make a strong case that they should considered as employees.

"If you go through each criteria and compare them to work-study students that have already passed those tests as employees, student-athletes are even more of an employee," McDonald said.

(11-09-2019 10:33 AM)bullet Wrote:  Bizarre that an FCS player is doing this.

(11-09-2019 10:39 AM)JRsec Wrote:  

(11-09-2019 10:33 AM)bullet Wrote:  Bizarre that an FCS player is doing this.

It's not going to translate well enough to win this. Work Study students who are not athletes are nowhere near as well compensated as those on scholarships. To want both your scholarship and the menial pay of work study seems so very disconnected.

(11-09-2019 11:32 AM)Hokie Mark Wrote:  

(11-09-2019 10:39 AM)JRsec Wrote:  

(11-09-2019 10:33 AM)bullet Wrote:  Bizarre that an FCS player is doing this.

It's not going to translate well enough to win this. Work Study students who are not athletes are nowhere near as well compensated as those on scholarships. To want both your scholarship and the menial pay of work study seems so very disconnected.

It IS a potential path to equal pay for all players though...

(11-09-2019 10:33 AM)bullet Wrote:  Bizarre that an FCS player is doing this.

(11-08-2019 03:07 PM)AllTideUp Wrote:  From ESPN:

Quote:A former Villanova football player is suing the NCAA, claiming that college athletes should be viewed as employees and paid like other students who participate in work-study programs on campus.

Trey Johnson filed the class-action lawsuit Wednesday in the Eastern District of Pennsylvania federal court. Along with the NCAA, 22 Division I universities are listed as defendants. Johnson, who currently plays in the Canadian Football League, is asking for what amounts to unpaid wages for his time spent on the Villanova football team.

"Our case says everyone deserves to be paid in every sport," said Paul McDonald, one of the attorneys representing Johnson in the case along with Michael Willemin from the law firm of Wigdor LLP. "[The NCAA] could do this starting next fall if they put their mind to it. You would just fold student-athletes into the same system as other work-study students."

Quote:In most cases regarding the Fair Labor Standards Act, the court will run the claim through one of two standard tests to determine if the plaintiff should be considered an employee and is entitled to minimum wage. In the Penn track runners case -- Berger v. NCAA --the court decided no test was necessary after the NCAA successfully argued it should be granted an exception because of its tradition of amateurism. According to McDonald, the NCAA argued for its exception by using a case in which prisoners in Illinois sued in an attempt to be paid for the work they did while incarcerated.

Quote:McDonald said he was confident that the judge in this case will at least allow for the employment test, which amounts to a series of questions that seek to define the relationship between the athlete and his or her school. He said he believes Johnson and any others who join the lawsuit will be able to make a strong case that they should considered as employees.

"If you go through each criteria and compare them to work-study students that have already passed those tests as employees, student-athletes are even more of an employee," McDonald said.

(08-26-2021 09:06 PM)chester Wrote:  I don't think scholarships will disappear. If they did, schools would still pay some players an amount equal to COA + at least minimum wage. The problem with that is, if you hand over a check to a player to pay for school then the player might blow it, and they might not then have the money to cover costs. With scholarships, a school can directly pay itself, one pocket to the other, and the players remains eligible.

(08-27-2021 09:27 AM)ken d Wrote:  

(08-26-2021 09:06 PM)chester Wrote:  I don't think scholarships will disappear. If they did, schools would still pay some players an amount equal to COA + at least minimum wage. The problem with that is, if you hand over a check to a player to pay for school then the player might blow it, and they might not then have the money to cover costs. With scholarships, a school can directly pay itself, one pocket to the other, and the players remains eligible.

Why plus minimum wage? Anything above tuition, books and fees are already considered taxable income. If the player is deemed by the courts to be an employee, then that's his compensation, and the only question should be does it amount to enough to be more than minimum wage.

Quote:IT IS HEREBY CERTIFIED for interlocutory appeal:

Whether NCAA Division I student athletes can be employees of the colleges and universities they attend for purposes of the Fair Labor Standards Act solely by virtue of their participation in interscholastic athletics.