College Athletes’ Wage Case Against NCAA Withstands Appeal (1)

Collegiate athletes can continue with a lawsuit against the NCAA and some of its constituent schools seeking compensation as employees under federal law, the Third Circuit ruled.

The US Court of Appeals for the Third Circuit on Thursday partly upheld a September 2021 decision by a Pennsylvania federal judge that allowed the students to pursue Fair Labor Standards Act minimum wage claims because they plausibly alleged that the NCAA and their schools are their joint employers.

But the three-judge panel criticized the lower court for failing to properly apply a Second Circuit test for determining whether student-athletes can in fact ...