NLRB Rescinds Memorandum Saying College Athletes Are Employees of Schools

02/18/2025 10:35 AM

By Keith Dunlap on SwimSwam

On Friday, the National Labor Relations Board rescinded a memorandum stating that college athletes are employees of their schools under the National Labor Relations Act.

NLRB acting general counsel William B. Cowen, hired by President Donald Trump, rescinded that and other memoranda issued by Jennifer Abruzzo, who was the NLRB's general counsel under President Joe Biden and was fired by Trump.

Essentially, the reversal was a blow to those wanting to challenge the NCAA/s amateurism model and a victory for the NCAA and other power conferences who have been lobbying Congress to pass measures that don't allow college athletes to be classified as employees.

In the original memorandum, Abruzzo argued that college athletes "perform services for institutions in return for compensation and (are) subject to their control," adding that athletes met the legal definition of employees.

When that happened, the Dartmouth men's basketball team filed for unionization, and a complaint was filed by the NLRB against the USC Trojans, the Pac-12, and the NCAA alleging they had classified college athletes as non-employees unlawfully.

But after Trump won November's general election, the Dartmouth players withdrew its petition and the case against USC was dropped by the NLRB.

Cowen said there was a backlog of cases and there was a need to prioritize other labor issues.

"The unfortunate truth is that if we attempt to accomplish everything, we risk accomplishing nothing," Cowen wrote in the memorandum.

The battle for college athletes who want labor protections just got harder.

It also comes on the heels of the Trump administration signing an executive order to ban transgender girls and women from competing in female sports, and saying that Title IX does not apply to NIL compensation.

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