Gregg Clifton Speaks with Law360 Employment Authority on NCAA Athletes’ Employment Status One Year After Johnson Ruling

Phoenix, Ariz. (July 22, 2025) – Phoenix Partner Gregg Clifton recently spoke with Law360 Employment Authority for an article examining the continued legal uncertainty surrounding student-athletes’ employment status one year after the Third Circuit’s landmark decision in Johnson v. NCAA.

The article, titled “1 Year Later: FLSA Ruling on NCAA Athletes Was 'Bunker Hill',” discusses how the Johnson decision established a new test under the Fair Labor Standards Act (FLSA) to evaluate whether student-athletes may qualify as employees. Mr. Clifton, who serves as Chair of Lewis Brisbois’ Collegiate & Professional Sports Law Practice, told Law360 that applying the court’s four-part test will vary widely depending on the athlete and sport.

“Applying the four prongs to the male or female cross-country runner, it's a lot different than applying those four prongs to the star quarterback of the football team,” Mr. Clifton said.

He also noted the potential financial implications for universities if student-athletes are ultimately deemed employees, pointing to issues such as compensable travel time and employment status considerations.

Mr. Clifton is the chair of Lewis Brisbois' Collegiate & Professional Sports Law Practice, vice chair of the Traditional Labor Law Practice, and a member of the firm's 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.

Read the full Law360 Employment Authority article here (subscription may be required).