One of the most frequent questions that crosses the plane of sports and employment law, is whether college athletes should be paid? Student athletes contend that they should be treated as “employees,” while educational institutions prefer to classify students as merely that, students. The landscape dramatically changed in June 2021, when the National Collegiate Athletic Association (NCAA) implemented an interim policy on name, image and likeness, or NIL, allowing student-athletes to make money from their personal brand.

The NCAA’s interim policy has three main parts:

  • Athletes can engage in NIL activities if they follow their state’s laws where their school is located. Schools must ensure these activities comply with state law.
  • Athletes in states without NIL laws can still participate in NIL activities without breaking NCAA rules.
  • Athletes are allowed to seek professional service providers for their NIL activities.

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