BRADLEY S. LOHSL

Associate

Sweat, Scholarship, and Status: The Employment Debate in College Sports - Part 1: Protecting Student Athletes' Economic Freedom Act of 2025

April 29, 2025

On April 8, 2025, Rep. Lisa McLain (R-Mich.) introduced Bill H.R. 2688, titled Protecting Student Athletes’ Economic Freedom Act of 2025, to the House Education and Workforce Committee. In relevant parts, Bill H.R. 2688:

Notwithstanding any other provision of Federal or State law, a student athlete (or former student athlete) may not be considered an employee of an institution, a conference, or an association under any Federal or State law or regulation based on participation of the student athlete (or former student athlete) in a varsity intercollegiate athletics program or a varsity intercollegiate athletics competition, or the existence of rules or requirements for being a member of any varsity sports team.

If passed, Bill H.R. 2688 would protect student athletes’ status as amateurs so that they may focus on their academics and athletic development without the complexities of being an employee. The legislation would further protect student athletes’ ability to benefit from NIL without being subject to labor laws. Bill H.R. 2688 would also shield institutions and athletic programs from certain responsibilities associated with individuals having an employee status – such as salary, payment, benefits, and labor relations regulations.

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