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WASHINGTON (April 8, 2025) – Littler shareholder Daniel L. Nash testified today before the U.S. House of Representatives Committee on Education & the Workforce at a hearing of the Subcommittee on Health, Employment, Labor, and Pensions titled, “Game Changer: The NLRB, Student Athletes and the Future of College Sports.”
Nash, who has three decades of experience representing sports leagues, individual teams, college conferences, and other sports organizations on labor and employment matters, focused his testimony on the hotly contested issue of whether college athletes should be treated as employees under federal laws.
He discussed well-established case law demonstrating that student participation in college athletics does not create an employment relationship between students and their respective schools. He also addressed arguments that college sports have become akin to businesses and are unfair to student athletes who don't share in revenue—noting that, unlike commercial businesses, collegiate sports revenue funds scholarships and financial support for all student athletes, not just the ones that generate revenue.
“There is confusion as to whether college athletes should be treated as employees, despite years of precedent that clearly show they are not considered as such,” said Nash. “I urge Congress to take action to clear up this confusion. While solutions are needed to ensure that student athletes are treated fairly, calling them employees of their universities is not the answer and would disrupt the fundamental educational relationship student athletes have with their universities, while also introducing a host of legal issues.”
Nash also brought up that there would be no plausible way for collective bargaining to work in college sports. Collective bargaining involving only a single sports team would not be viable, nor would it be possible for the NLRB to certify a league-wide bargaining unit given that many of the educational institutions within the broader college divisions and conferences are public or religiously affiliated, placing them outside the NLRB’s jurisdiction.
Other witnesses included Morgyn Wynne, a former softball player at Oklahoma State University, Ramogi Huma, Executive Director of the National College Players Association, and Jacqie McWilliams Parker, Commissioner of the Central Intercollegiate Athletic Association.
Hearing testimony and a link to the full video recording of the hearing may be found here.
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