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Lawsuit alleges NCAA is breaking minimum wage laws

This is the latest in a long line of lawsuits against the NCAA.

Brian Spurlock-US PRESSWIRE

Already facing a number of antitrust lawsuits, the NCAA was hit with a different lawsuit on Wednesday, which claims that the organization is in violation of the Fair Labor Standards Act by not paying athletes in accordance with the federal minimum wage of $7.25 per hour. The lawsuit also names all of the NCAA’s Division I member schools. While the NCAA claims that athletes are paid by the value of a scholarship, it prohibits them from receiving non-scholarship compensation, meaning they essentially work for free.

The lawsuit, filed by former Houston women’s soccer player Samantha Sackos, compares the work of athletes to the work of other students who are employed and paid by universities. While the NCAA claims that athletes are mainly in school to be students, and that they are not paid for their athletic obligations because those are part of the student experience, Sackos claims that since athletes receive no academic credit for participating in sports, they should be considered employees under the meaning of the FLSA. Specifically, the suit compares athletes’ lack of salaries to the salaries of work-study students who are paid for their work to put on athletic events.

  • $ 9.03 for Ushers, Lobby Attendants, and Ticket Takers
  • $10.44 for Tour Guides and Escorts
  • $10.94 for Dishwashers
  • $11.25 for Counter Attendants, Cafeteria, Food Concession, and Coffee Shop
  • $11.71 for Cashiers
  • $12.19 for Retail Sales Workers
  • $12.77 for File Clerks
  • $14.11 for Building and Grounds Cleaning and Maintenance Occupations
  • $14.21 for Receptionists and Information Clerks; and
  • $14.56 for Library Assistants, Clerical.

Why is this different?

Earlier this year, Northwestern University’s football players won the right to unionize by arguing that they were paid by the value of a scholarship, and therefore met the standards of employment under the National Labor Relations Act. But that was a labor hearing, and the standards of the Fair Labor Standards Act are different. This lawsuit alleges that because athletes have similar time obligations and duties as work-study students, they should be covered under the FLSA and are not receiving fair treatment.

Other lawsuits, like O’Bannon and Kessler, have alleged that the NCAA and its member schools are breaking antitrust law by setting a compensation cap. However, this lawsuit focuses less on that cap and more on the NCAA and its schools’ failure to adhere to labor standards.

The lawsuit seeks unpaid wages and an injunction to stop the NCAA’s current practices. Read the full lawsuit below.

Samantha Sackos v NCAA and NCAA Division I Member Schools by NewsforSAME

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