NIL Hour: New York, Texas, and Federal NIL Bills; NLRB v. NCAA

Welcome to THE Sports Law Podcast! We keep you informed on everything at the intersection of sports and the law. The world of Name, Image, and Likeness keeps moving forward as Tarun (⁠⁠⁠@tksharmalaw⁠⁠⁠) and Mike (⁠⁠⁠@Mike_sonof_Law⁠⁠⁠) break down the latest updates in NIL and even student-athletes becoming employees.

New York State is amending their NIL bill. (3:00) NYS is taking a page out of the Arkansas, Colorado, and Missouri legislature by amending their bill to include protections for school within their state. The amendment will prevent any conference or the NCAA from imposing punishment on New York schools or their athletes for NIL related activities, and even allowing the schools to facilitate NIL deals with their student-athletes.

Similarly, Texas has proposed a bill with protections within the amendments from NY, but there is more. (7:22) Texas state schools had a big say in crafting the proposed bill. The Texas proposed bill would allow benefits and perks to be given in exchange for their donations, which implicates collectives and boosters. This is a tipping point for all other states to follow.

A federal NIL bill has been proposed. (12:40) Ironically, the representative who proposed the bill is from Texas, and the bill contains protections that align with the NCAA stance on the future of NIL. Such as: safeguards for school retaliation; regulatory body to enforce collectives, boosters, and student-athletes deals; student-athletes are not eligible to be employees; and protections from "frivolous litigation." Will a federal bill pass before more states craft their own NIL bills?

The National Labor Relations Board has filed a complaint against USC, PAC-12, and the NCAA. (17:58) The NLRB files a suit against USC for their labor practices pertaining to student-athletes and seeking the determination that student-athletes are employees. The NLRB is using a "joint-employer" arguments to also bring in the PAC-12 conference and the NCAA to ultimately allow student-athletes to become employees. Employee status seems imminent, and schools should start preparing

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