Suit Against NCAA Claims Student Athletes Are Covered Under the FLSA

A former college athlete is suing the National Collegiate Athletic Association (NCAA) and a slew of Division 1 colleges and universities, alleging that student athletes should be covered by the wage and hour provisions of the Fair Labor Standards Act (FLSA), the law which regulates minimum wages and overtime. The suit maintains that the NCAA affords better treatment to students in work study programs, "who work at food service counters or sell programs or usher at athletic events, or who wait on tables or wash dishes in dormitories" and thus qualify as temporary employees of the NCAA and are paid at least a federal minimum wage of $7.25/hour for their non-academic work. The suit by former soccer player Samantha Sackos claims that student athletes deserve the same status as work study participants, that is, as "temporary employees of the NCAA." The lawsuit was filed this week in Indiana. Employers and business owners, to better understand the nation's wage and hour laws, get a copy of our FLSA Compliance Program.