The issue of college athletes and how they are viewed by their institutions, the National Collegiate Athletic Association (the “NCAA”), and the public at large is a timely and continuously evolving matter that the United States courts have addressed in recent years, and one that they will continue to see moving forward.

Charles Gfeller, founding partner of Gfeller Laurie. Courtesy Photo

In the groundbreaking 2021 case, National Collegiate Athletic Association v. Shawne Alston, et al., the U.S. Supreme Court unanimously held that college athletes are eligible to receive unrestricted education-related payments, and the NCAA could not limit payments made to its student athletes. Justice Brett Kavanagh wrote, “[t]he NCAA’s business model would be flatly illegal in almost any other industry in America.” Alston opened the floodgates to numerous issues, as outlined below, including how colleges and the NCAA will treat student athletes if they are considered employees and the potential ramifications of the same.

Melissa M. Modzelewski, associate at Gfeller Laurie. Courtesy Photo