Are Student-Athletes Employees? NLRB Alleges Misclassification

On Thursday, May 18, 2023, the National Labor Relations Board (“NLRB”) issued a complaint against the University of Southern California (“USC”), the Pac-12 Conference, and the National Collegiate Athletic Association (“NCAA”), alleging that the three employers have continued misclassifying college athletes in men’s and women’s basketball and football as “student-athletes” rather than employees who are entitled to protections under the National Labor Relations Act (“NLRA”). If the action is successful, it would reclassify the athletes as employees and allow them to consider forming a union.