College Athletes Barred From Employment Status in New GOP Bill

A new Republican bill to block student-athletes from being classified as employees comes as pending court cases and organizing efforts have sparked a debate in Congress over players’ employment rights.

The Protecting Student Athletes’ Economic Freedom Act, introduced Thursday by Rep. Bob Good (R-Va.), would establish that college athletes may not be considered employees of an institution, conference, or association under any regulation as well as any federal or state law.

“As a former college athlete, I strongly believe America’s long tradition of college sports should not be ruined by reclassifying student athletes as employees, or moving to unionization,” Good said in a statement. “My legislation will help maintain a balance between athletics and academics, ensuring that college sports programs remain viable, beneficial, and enjoyable for all student athletes.”

Employment classification for college athletes has become a political football on Capitol Hill following the Dartmouth basketball team’s vote to unionize in March. Republicans have warned of an “existential threat” to college athletics, while Democrats are trying to balance their pro-union views with the consequences of classifying student-athletes as employees.

Dartmouth’s leadership has vowed to challenge a National Labor Relations Board regional director’s decision to classify the basketball players as employees under labor law. Meanwhile, a closely-watched case that accuses the NCAA of illegally denying athletes minimum wage is playing out at the US Court of Appeals for the Third Circuit.

Good’s bill would ensure that the Fair Labor Standards Act—which guarantees employees minimum wage and overtime—and the National Labor Relations Act—which sets out union rights for workers—wouldn’t apply to college athletes.

Workplace safety laws and protections from employment discrimination would also not be applicable to them under the legislation.

In addition to discussing the employment question, lawmakers have also engaged in bipartisan talks on a national standard for students’ ability to monetize their name, image, and likeness.