Bloomberg Law
Dec. 6, 2016, 2:09 PM

NCAA, Penn Within Bounds in Not Paying Track and Fielders

Jon Steingart
Jon Steingart
Legal Editor

College student-athletes lost a bid to be deemed employees who should be paid for their efforts (Berger v. Nat’l Collegiate Athletic Ass’n, 2016 BL 403507, 7th Cir., No. 16-1558, 12/5/16).

“This was the first time that we’re aware of where the allegation is employee status under the Fair Labor Standards Act,” said Paul DeCamp, an attorney who argued the case on behalf of the universities. The Dec. 5 decision by the U.S. Court of Appeals for the Seventh Circuit shows that the “economic reality” of “the relationship is one of school and student, not one of employer and ...