Gregg Clifton Speaks with Law360 About Third Circuit Case Regarding Classification of Student-Athletes as Employees
Phoenix Partner and chair of Lewis Brisbois’ Collegiate & Professional Sports Law Practice Gregg E. Clifton was recently quoted in a Law360 Employment Authority analysis article about an ongoing case in the United States Court of Appeals for the Third Circuit, which concerns the classification of student-athletes as employees pursuant to the Fair Labor Standards Act (FLSA) and related state statutes.
Phoenix, Ariz. (July 21, 2023) – Phoenix Partner and chair of Lewis Brisbois’ Collegiate & Professional Sports Law Practice Gregg E. Clifton was recently quoted in a Law360 Employment Authority analysis article about an ongoing case in the United States Court of Appeals for the Third Circuit, which concerns the classification of student-athletes as employees pursuant to the Fair Labor Standards Act (FLSA) and related state statutes.
The article, titled “Student-Athletes As Employees Would Be Game Changer,” describes how the Third Circuit will decide whether a Pennsylvania federal court correctly ruled in Johnson v. The National Collegiate Athletic Association, where Division I student-athletes showed they could be plausibly considered employees of their respective schools under the FLSA.
Mr. Clifton, who recently co-authored an article about the NCAA’s regulations attempt to restrict state law, told Law360 that the outcome of the case appears to be leaning toward a finding that these athletes are employees. "The problem is, we're raising questions that we don't have answers for." he said. "And a lot of those answers, unfortunately, are going to result in more litigation."
According to Mr. Clifton, the outcome of the case is critical because of the potential uncharted territory that the NCAA has not had to contend with previously. "If the final decision by the circuit court is to, in essence, support the decision made at the lower court level, we're now going to be faced with a situation where the courts are going to be deciding whether student-athletes are in fact employees pursuant to the Fair Labor Standards Act," he said to Law360.
Mr. Clifton is 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).