Game Changer: the NLRB, Student-Athletes, and the Future of College Sports

Education and Workforce MarkupsHouse Education and Workforce Subcommittee on Health, Employment, Labor, and Pensions · April 8, 2025 · 119th Congress
The House Education and Workforce Subcommittee on Health, Employment, Labor, and Pensions held this hearing to examine the National Labor Relations Board's now-withdrawn effort under a Biden-era general counsel memo to classify certain college athletes as employees, and whether Congress should legislate to prevent a future board from reviving that approach. Begins at ▶ 0:07:15
Transcript
Highlights

Title

Should student athletes be classified as employees under labor law

Purpose

The House Education and Workforce Subcommittee on Health, Employment, Labor, and Pensions held this hearing to examine the National Labor Relations Board's now-withdrawn effort under a Biden-era general counsel memo to classify certain college athletes as employees, and whether Congress should legislate to prevent a future board from reviving that approach. Members and witnesses debated the implications of employee status for scholarships, Title IX and non-revenue sports, unionization, and athlete health, safety, and compensation. Begins at▶ 0:07:15

Who spoke

• Chairman Rick Allen (R-GA)▶ 0:07:15: Argued the Biden NLRB's memo threatened college athletics by risking fewer scholarships and teams▶ 0:08:34, said withdrawal of the memo doesn't remove the need for legislation▶ 0:09:08, and later questioned witnesses on revenue and employee-status law▶ 0:55:59.

• Ranking Member Mark DeSaulnier (D-CA)▶ 0:09:38 *(introduced in transcript as "ranking member," later addressed as Bobby Scott and separately as gentleman from California — see note below)*: Argued athletes should be treated as people first, cited NCAA's $1.4 billion revenue and $3.6 billion in coaches' salaries▶ 0:10:22, warned against a "blank check" exemption for the NCAA▶ 0:10:47, and tied the hearing to Department of Education cuts and tariffs▶ 0:13:22.

• Mr. Daniel Nash, Shareholder, Littler▶ 0:16:47: Testified that revenue has never been a legal factor in employee-status determinations▶ 0:19:06, said the Northwestern case showed team-by-team bargaining isn't viable▶ 0:19:54, and later said academic eligibility rules could become subjects of bargaining if athletes are employees▶ 0:34:27.

• Ms. Morgyn Wynne, former softball student-athlete, Oklahoma State▶ 0:21:14: Said an employment model would erode the "essence" of college athletics▶ 0:21:45, credited her coaches with prioritizing academics▶ 0:22:14, and said peers' top fear was cutting opportunities for non-revenue athletes to fund revenue-sport pay▶ 0:33:11.

• Mr. Ramogi Huma, Executive Director, National College Players Association▶ 0:24:52: Cited an $18 billion industry with coaches earning up to $13 million▶ 0:25:21, described deaths of Calvin Dickey Jr. and Jordan McNair in NCAA workouts▶ 0:26:19, cited surveys of 50% of athletic trainers pressured to play injured athletes▶ 0:27:15, and said 80% of athletes would live below the poverty line on their scholarships alone▶ 0:51:21.

• Ms. Jacqie McWilliams Parker, Commissioner, CIAA▶ 0:29:34: Said HBCUs already operate athletic departments in deficit and employment costs would force cutting sports or scholarships▶ 0:31:34, and called for congressional action confirming athletes are not employees and giving the NCAA liability protection▶ 0:31:48.

• Rep. Kathy Manning / questioner opening self-recognition▶ 0:32:41 *(Chairman Allen questioning)*: Asked witnesses about concerns from student-athletes and academic implications of employee status▶ 0:32:41.

• Rep. Lucy McBath (D-GA)▶ 0:37:54: Highlighted scholarships as engines of social mobility▶ 0:39:32 and raised a Republican memo proposing to tax all scholarships as income, citing page 11▶ 0:40:24.

• Rep. Michael Baumgartner (R-WA)▶ 0:42:47: Proposed treating college sports as regulated "public goods," capping coaches' salaries at ten times average student cost▶ 0:44:32, and pooling NIL and TV revenue across sports▶ 0:45:57.

• Rep. Susan Lee (D-PA)▶ 0:48:14: Cited March Madness generating roughly $1 billion in revenue with athletes getting none of it▶ 0:48:45, and cited a 2019 survey finding nearly 25% of Division I athletes faced food insecurity▶ 0:49:39.

• Rep. Burgess Owens (R-UT), self-recognized▶ 0:53:42: Cited a 145% increase in international student-athlete participation since 2001▶ 0:54:40 and noted 65% of the 2024 US Olympic team were current or former NCAA athletes▶ 0:55:10.

• Rep. Bobby Scott (D-VA), Ranking Member of full committee▶ 0:59:28: Asked whether athletes could be NLRA employees without being covered by the Fair Labor Standards Act▶ 1:01:17, and pressed Huma on unenforced medical-expense guarantees▶ 1:03:08.

• Rep. Virginia Foxx (R-NC)▶ 1:04:37: Asked whether extended eligibility periods would worsen if athletes become employees▶ 1:05:07 and cited the USC NLRB case involving a student-athlete social media handbook▶ 1:05:57.

• Rep. Mark DeSaulnier (D-CA)▶ 1:10:04: Asked Huma what has changed to make defining amateurism versus professionalism more urgent, noting 16-17 year olds now being signed to professional NIL agreements▶ 1:10:59, and referenced a University of California, Berkeley athlete's 2014 workout death (Ted Agu)▶ 1:14:27.

• Rep. Lisa McClain (R-MI)▶ 1:15:16: Discussed her Protecting Student Athletes' Economic Freedom Act clarifying athletes are not employees▶ 1:16:22, and pressed McWilliams Parker on funding impacts of unionization▶ 1:17:17.

• Rep. Jahana Hayes (D-CT)▶ 1:20:23: Cited NCAA's nearly $1.4 billion 2024 revenue and UConn's 12th women's basketball title▶ 1:20:53, and asked Huma how union representation could limit excessive practice-hour demands▶ 1:22:28.

• Chairman Allen (closing questioner)▶ 1:25:30: Cited Missouri's 2023 law declaring student-athletes not employees▶ 1:25:56, and asked Huma about causes of preventable deaths in college athletics, disclosing his own medical background▶ 1:29:14.

Key moments

• Nash testified that under longstanding labor law, revenue generated by a sport has never been a factor in determining employee status▶ 0:56:24.

• Huma said the NCAA generates about $18 billion a year while some coaches earn up to $13 million and athletic directors over $3 million▶ 0:25:21, and cited the deaths of Calvin Dickey Jr. at Bucknell and Jordan McNair at Maryland in NCAA workouts▶ 0:26:19.

• Huma disclosed a study finding 80% of athletes would fall below the federal poverty line living solely on a full scholarship▶ 0:51:21, and that a Pac-12 survey found athletes average 50 hours a week on their sport▶ 0:52:45.

• McBath cited an internal House Republican memo proposing to make all scholarships taxable income, referencing page 11 of the document she sought to enter into the record▶ 0:40:24.

• McWilliams Parker said CIAA and other HBCU athletic departments already operate in deficit and that employment costs would force cutting sports or scholarships▶ 0:31:34▶ 0:58:02.

• Nash said the NLRB's complaint against USC treated the university's student-athlete social media handbook as an unlawful labor practice, illustrating how employee status could affect academic/behavioral guidance▶ 1:05:57.

• Scott and Huma discussed that even if some Division I teams (e.g., at Dartmouth or USC) were recognized as employees, this would not automatically extend employee status to Division II or other teams, and schools would not be compelled to agree to unaffordable contract terms▶ 1:01:47.

• Baumgartner proposed capping coaches' salaries at ten times the average cost of attendance and pooling NIL and TV revenue across all sports, drawing a rebuke from Rep. Lee about "socialism and redistribution"▶ 0:44:32▶ 0:48:14.

• DeSaulnier and Huma noted that 16- and 17-year-old recruits are now being signed to NIL agreements, illustrating how amateurism boundaries have shifted▶ 1:10:59.

• Chairman Allen cited NCAA data showing international student-athlete participation increased 145% since 2001, with foreign athletes making up over 60% of Division I tennis participants▶ 0:54:40▶ 0:55:10.

Metadata

CommitteeHouse Education and Workforce Subcommittee on Health, Employment, Labor, and Pensions
Chamber / CongressHouse · 119th Congress
DateApril 8, 2025
TypeHearing
Witnesses
Mr. Daniel Nash — Shareholder, Littler
Ms. Morgyn Wynne — Former Softball Student-Athlete, Oklahoma State University
Mr. Ramogi Huma — Executive Director, National College Players Association
Ms. Jacqie McWilliams Parker — Commissioner, Central Intercollegiate Athletic Association (CIAA)
Videoyoutube
Transcript206 caption blocks · 14,347 words · 1:36:18 runtime
EventCongress.gov 118023