Gregg Clifton Speaks with Sports Illustrated on College Athletes Becoming Employees

Phoenix, Ariz. (December 20, 2022) - Phoenix Partner Gregg E. Clifton recently spoke with Sports Illustrated (SI) for an article titled, “Significant NLRB Move Will Aid Pursuit of College Athletes Becoming Employees,” which discusses the National Labor Relations Board’s (NLRB) latest step toward having college athletes classified as employees.

As the article describes, the NLRB’s Los Angeles Region is pursuing unfair labor practice charges against the University of Southern California (USC), the Pac-12 Conference (Pac-12), and the National Collegiate Athletic Association (NCAA) as single and joint employers of Football Bowl Subdivision (FBS) football players and Division I men’s and women’s basketball players. The article further explains that the goal of the National College Players Association (NCPA), which filed the charges with the NLRB, is to affirm employee status for these athletes. USC, the Pac-12 and NCAA are expected to fight the charges.

In discussing the NLRB’s decision to pursue this matter, Mr. Clifton told SI, “It’s big. . . . We are to have a trial over whether or not student-athletes are actually employees.” He pointed out, however, that although there ultimately will be a final ruling on this issue, there is a long road ahead to reach that point. Mr. Clifton also noted that it is significant that the five-person main NLR Board in Washington, D.C. leans Democratic because liberal decision-makers are more likely to grant athletes employment rights.

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, and recently authored a post on the NLRB’s latest move.

Read the full SI article here.