By: Tate Thompson and Curry Sexton
As of January 1, 2023, the National Collegiate Athletic Association (“NCAA”) is applying a new standard of review in investigations pertaining to potential violations of its name, image, and likeness (“NIL”) rules.
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By: Tate Thompson and Curry Sexton
The push for collegiate athletes to be classified as employees recently took a significant step forward. As we discussed in October 2022, there are several ongoing legal battles related to the issue of collegiate athletes’ employee status, including:
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By: Curry Sexton, Brenda Hamilton, and Mark Opara
The Federal Trade Commission (FTC) recently proposed a new rule that would ban employers from entering into non-competes with workers and require employers to rescind existing non-competes. The FTC is seeking public comment on the proposed rule, which is based on a preliminary finding that non-competes constitute an unfair method of competition and therefore violate Section 5 of the Federal Trade Commission Act. Comments on the proposed rule will be due within 60 days of the Federal Register publishing the proposed rule, which is a date to be determined.
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By: Katie Conklin and John Vering
On December 29, 2022, President Biden signed into law two measures included in the Consolidated Appropriations Act of 2023 that expand protections for pregnant and nursing employees: the Pregnant Workers Fairness Act (PWFA) and the Providing Urgent Maternal Protection for Nursing Mothers Act (PUMP Act). The new protections require employers to provide: (1) reasonable accommodations for pregnant employees, effective 180 days after the law’s enactment, or on June 27, 2023; and (2) compensation to breastfeeding employees for “hours worked” during certain lactation breaks, effective 120 days after the law’s enactment, or on April 28, 2023.
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By: Katie Conklin and John Vering
On November 8, 2022, Missourians voted to legalize recreational
marijuana, adopting Amendment 3 to Article XIV of Missouri’s Constitution. In addition to legalizing recreational marijuana, Amendment 3 also creates job protections for medical marijuana use, which Missouri previously legalized in 2018. These changes go into effect on December 8, 2022.
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By: Tate Thompson and Curry Sexton
When the National Collegiate Athletic Association (NCAA) implemented its Interim Name, Image, and Likeness (NIL) Policy, effective July 1, 2021, it did not detail whether and to what extent institutions could be involved in the NIL space. Naturally, the lack of guidance on this issue led to a great deal of confusion and uncertainty. Some states tried to eliminate the confusion and uncertainty by enacting legislation either permitting or prohibiting institutions and their employees from being involved in the NIL space, among other matters. Many other states did not enact any NIL legislation, causing further confusion and uncertainty.
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Client Alert by Curry Sexton
The collegiate athletics landscape has already undergone one recent monumental shift concerning name, image, and likeness (NIL) rights. Effective July 1, 2021, the National Collegiate Athletic Association (NCAA) removed its longstanding restrictions prohibiting student-athletes from receiving compensation for their NIL and implemented an interim policy that permits student-athletes to receive compensation for their NIL. Since then, the focus has shifted to the question of whether student-athletes should be characterized as employees.
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Seigfreid Bingham is pleased to announce that Neil Sprague has joined the firm in an Of Counsel position. His practice encompasses the areas of Real Estate, Retail and Restaurant & Hospitality, and Mergers and Acquisitions Law.Sprague brings 35 years of […]