Scarinci Hollenbeck, LLC
The Firm
201-896-4100 info@sh-law.comFirm Insights
Could Northwestern Athlete Unionization Change Agent Rules?
Author: Scarinci Hollenbeck, LLC
Date: April 11, 2014
Key Contacts
Back
The NCAA has been strict on its amateurism rules since its creation
However, the ruling that Northwestern athletes are employees who can unionize could change that. One fallout could mean changes to the agent rules as the NCAA may no longer be able to prevent these interactions if athletes are considered employees. The current agent rules prohibit students from:
- Signing or entering into a written or oral agreement with an agent for representation
- Receiving extra benefits from an agent or person who wishes to represent them
- Accepting transportation or other benefits from a person who represents them in the marketing of his or her ability
If these rules are deemed moot because of the downfall of amateurism, the NCAA would likely want to find a way to regulate benefits received by collegiate athletes. Former agent Josh Luchs published an idea in his book “Illegal Procedure: A Sports Agent Comes Clean On The Dirty Business of College Football,” that the NCAA may want to consider, according to Sports Illustrated.
Luchs’ Grand Idea
Luchs recommends allowing college athletes to have agents who can provide them with loans. This would essentially professionalize players – but that would have already happened if the Northwestern ruling became widespread. His argument for allowing this type of system is that agents already provide student-athletes with extra benefits, so why shouldn’t the NCAA want to put rules in place that allow them to regulate the process rather than suspending everyone who is caught?
Regulating agent-athlete relationships may be hard for the NCAA to accept, but it could be the right step for the association to help establish a fair compensation system for student-athletes. However, the better approach may have been to completely reconstruct the NCAA to better address the big time college sports scenario of the 21st Century. Getting ahead of the apparent wave of litigation would have been more responsible and effective. Perhaps it’s not too late.
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Related Posts
See all
Does Your Homeowners Insurance Provide Adequate Coverage?
Your home is likely your greatest asset, which is why it is so important to adequately protect it. Homeowners insurance protects you from the financial costs of unforeseen losses, such as theft, fire, and natural disasters, by helping you rebuild and replace possessions that were lost While the definition of “adequate” coverage depends upon a […]
Author: Jesse M. Dimitro
Understanding the Importance of a Non-Contingent Offer
Making a non-contingent offer can dramatically increase your chances of securing a real estate transaction, particularly in competitive markets like New York City. However, buyers should understand that waiving contingencies, including those related to financing, or appraisals, also comes with significant risks. Determining your best strategy requires careful analysis of the property, the market, and […]
Author: Jesse M. Dimitro
Fred D. Zemel Appointed Chair of Strategic Planning at Scarinci & Hollenbeck, LLC
Business Transactional Attorney Zemel to Spearhead Strategic Initiatives for Continued Growth and Innovation Little Falls, NJ – February 21, 2025 – Scarinci & Hollenbeck, LLC is pleased to announce that Partner Fred D. Zemel has been named Chair of the firm’s Strategic Planning Committee. In this role, Mr. Zemel will lead the committee in identifying, […]
Author: Scarinci Hollenbeck, LLC
Novation Agreement Process: Step-by-Step Guide for Businesses
Big changes sometimes occur during the life cycle of a contract. Cancelling a contract outright can be bad for your reputation and your bottom line. Businesses need to know how to best address a change in circumstances, while also protecting their legal rights. One option is to transfer the “benefits and the burdens” of a […]
Author: Dan Brecher
What Is a Trade Secret? Key Elements and Legal Protections Explained
What is a trade secret and why you you protect them? Technology has made trade secret theft even easier and more prevalent. In fact, businesses lose billions of dollars every year due to trade secret theft committed by employees, competitors, and even foreign governments. But what is a trade secret? And how do you protect […]
Author: Ronald S. Bienstock
What Is Title Insurance? Safeguarding Against Title Defects
If you are considering the purchase of a property, you may wonder — what is title insurance, do I need it, and why do I need it? Even seasoned property owners may question if the added expense and extra paperwork is really necessary, especially considering that people and entities insured by title insurance make fewer […]
Author: Patrick T. Conlon
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Sign up to get the latest from our attorneys!
Explore What Matters Most to You.
Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.
Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.
Could Northwestern Athlete Unionization Change Agent Rules?
Author: Scarinci Hollenbeck, LLC
The NCAA has been strict on its amateurism rules since its creation
However, the ruling that Northwestern athletes are employees who can unionize could change that. One fallout could mean changes to the agent rules as the NCAA may no longer be able to prevent these interactions if athletes are considered employees. The current agent rules prohibit students from:
- Signing or entering into a written or oral agreement with an agent for representation
- Receiving extra benefits from an agent or person who wishes to represent them
- Accepting transportation or other benefits from a person who represents them in the marketing of his or her ability
If these rules are deemed moot because of the downfall of amateurism, the NCAA would likely want to find a way to regulate benefits received by collegiate athletes. Former agent Josh Luchs published an idea in his book “Illegal Procedure: A Sports Agent Comes Clean On The Dirty Business of College Football,” that the NCAA may want to consider, according to Sports Illustrated.
Luchs’ Grand Idea
Luchs recommends allowing college athletes to have agents who can provide them with loans. This would essentially professionalize players – but that would have already happened if the Northwestern ruling became widespread. His argument for allowing this type of system is that agents already provide student-athletes with extra benefits, so why shouldn’t the NCAA want to put rules in place that allow them to regulate the process rather than suspending everyone who is caught?
Regulating agent-athlete relationships may be hard for the NCAA to accept, but it could be the right step for the association to help establish a fair compensation system for student-athletes. However, the better approach may have been to completely reconstruct the NCAA to better address the big time college sports scenario of the 21st Century. Getting ahead of the apparent wave of litigation would have been more responsible and effective. Perhaps it’s not too late.