Court Rules Some NCAA Athletes Could Qualify As Employees

Tom Dierberger | Jul 11, 2024

The NCAA logo on a banner at the 2023 cross country championships course at Panorama Farms. / Kirby Lee-USA TODAY Sports

A court case the NCAA hoped to be dismissed will instead go back to a trial judge.

A U.S. appeals court ruled Thursday that college athletes who benefit their schools may qualify as employees under minimum-wage laws. The court believes a test should be developed to determine which students play college sports for fun and which give an effort that crosses the legal line into work.

"With professional athletes as the clearest indicators, playing sports can certainly constitute compensable work," U.S. Circuit Judge L. Felipe Restrepo wrote. "Ultimately, the touchstone remains whether the cumulative circumstances of the relationship between the athlete and college or NCAA reveal an economic reality that is that of an employee-employer."

Per the Associated Press, the Division I athletes behind the suit are "seeking more modest hourly wages similar to those earned by their peers in work-study programs."

Lawyer Paul McDonald, who is representing the athletes' case, believes students could make $2,000 per month or $10,000 per year for participating in NCAA sports.

"[It] confirms what we've been arguing—that college athletes can be both students and employees," McDonald said [via USA Today]. "Because students are employees in work-study programs and athletes meet the same criteria, we're confident they will be found to be employees like other students."