I’ve heard a new #NIL misconception while out at the @NILSummit.
Some believe that collectives/boosters can pay athletes prior to a commitment if the athlete lives in a state where high school athletes are allowed to monetize their NILs.
The explanation I heard is that the NCAA’s NIL guidance tells people to follow state NIL laws. And since some states allow HS athletes to enter into deals, it’s therefore ok for collectives to sign them to deals.
But some HS athletes are allowed to enter into NIL deals because of state HSAA rules, not state laws.
And even though some HS athletes can enter into deals, it’s still a violation of NCAA rules for collectives/boosters to be involved in recruiting.
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After reading the NLRB general counsel’s memo again, there are a few important issues/questions I noticed.
1. The memo’s decision that athletes are employees seems to hinge on athletes being compensated via athletic scholarships. It appears walk-one are not deemed employees.
2. I’ve seen commentary that this only applies to athletes at private schools. The NLRB was aware of this and addressed it in footnote 34. It says when a conference is an independent private entity it may exert jurisdiction over the conference/NCAA even if members are public.
3. A big question now becomes which group of college athletes will be the first to unionize and ask for/go on strike for changes in working conditions.