Judges Grill Counsel on Whether College Athletes Are Employees

A panel of Third Circuit judges Wednesday appeared skeptical of NCAA arguments that student athletes aren’t employees entitled to compensation under the Fair Labor Standards Act.

“I don’t know how these folks aren’t employees” one judge said, citing the schools’ level of control over athletes and the “economic relationship.” The panel included L. Felipe Restrepo, David J. Porter and Theodore A. McKee.

In response, counsel for the National Collegiate Athletic Association, Steven B. Katz with Constangy, Brooks, Smith & Prophete LLP, said more than half of student athletes don’t have scholarships, so there is no expectation of compensation. ...