The U.S. Court of Appeals for the Third Circuit concluded that college athletes can be considered employees under the Fair Labor Standards Act, determining that athletes performing services that are “necessarily and primarily” for another’s benefit can qualify as employees.
“Ultimately, the touchstone remains whether the cumulative circumstances of the relationship between the athlete and college or NCAA reveal an economic reality that is that of an employee-employer,” Third Circuit Judge L. Felipe Restrepo said in the July 11 opinion.
