Christina Stylianou, Gregg Clifton Pen Law360 Expert Analysis on South Carolina Student-Athlete Legislation

New York, N.Y./Phoenix, Ariz. (December 22, 2022) - New York Associate Christina Stylianou and Phoenix Partner Gregg E. Clifton recently penned an Expert Analysis article for Law360, titled "SC Pay-For-Play Bill For Student-Athletes Faces Obstacles,” which discusses a South Carolina senate bill that would allow football and basketball players at certain National Collegiate Athletic Association (NCAA) Division I public universities to receive compensation.

The authors open the article by explaining that as the National Labor Relations Board (NLRB) continues its efforts to reclassify student-athletes as university employees, state legislatures are also taking actions to institute pay-for-play models. They describe that South Carolina’s bill, which applies to public universities that generate over $50 million per year, would permit athletic directors “to use funds generated from the school’s ‘intercollegiate sport gross revenue’ to award an annual stipend to each student-athlete participating in either football or basketball, provided the athlete maintains good academic standing. . . .”

Next, the article describes details of the bill, including the requirements that student-athletes would have to meet to receive compensation and the method for determining compensation. The authors also examine the challenges that would arise if the South Carolina bill becomes law, noting that the contents of the bill – and other similar legislation – conflict with NCAA guidelines and Title IX.

Ms. Stylianou and Mr. Clifton close the article by observing that even in the face of challenges, “the ever-increasing litigation and legislative efforts to legalize a system of pay-for-play in direct conflict with current NCAA rules and guidelines offers one more signal that change in the college sports business model – and a potential change in the treatment and employment classification of student-athletes – may be on the horizon.”

Ms. Stylianou is a member of Lewis Brisbois’ General Liability Practice. Her practice focuses on New York State labor law and construction litigation, architecture and engineering defense, as well as general liability matters.

Mr. Clifton is a member of Lewis Brisbois' Entertainment, Media & Sports and Labor & Employment Practices. He has extensive experience in the collegiate and professional sports world and has advised numerous professional franchises on a range of labor and employment issues, including Title III ADA regulatory compliance and wage and hour issues. Mr. Clifton is also an editor of The Official Review, Lewis Brisbois’ sports law blog. He recently authored a post on the NLRB’s latest move with respect to student-athletes and spoke with Sports Illustrated on the topic.

Read the full article as a PDF here or on Law360 here (subscription may be required).