NCAA set to allow direct payments to athletes

Nolaeer

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Nov 24, 2012
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What constitutional rights would be implicated here?
You are right. The NIL rights athletes have now are based on federal antitrust laws, not any federal constitutional rights. However, if Congress were to ban NIL, I think the SCt would find that it violated the Constitution's First Amendment Right to freedom of expression or something. It would not stand.

The pay-for-play scheme under the guise of NIL is interesting so long as there are no unions and college athletes are not deemed employees. The NFL works bc the players have bargained for salary caps etc. Absent that consent, I'm not sure pay-for-play can be banned. The Oline may have no NIL value, but the NFL salaries for those guys show the value to the product that TV pays for.

The NFL model works, and I think that is the path forward. The players are hybrid student athletes/employees who can bargain collectively and enter binding contracts.
 

NWICY

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Sep 2, 2012
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Why do you and other posters keep coming up with this silly rationale?

House and codification of it doesn't prevent an athlete from capitalizing on or maximizing their NIL value. It is intended to prevent direct pay for play from boosters or other entities.
There is no difference, the sooner everyone realizes it the better off they are. ISU MAY be closer than some schools but we definitely have some play for pay players in certain sports.
 

cykadelic2

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Jun 10, 2006
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There is no difference, the sooner everyone realizes it the better off they are. ISU MAY be closer than some schools but we definitely have some play for pay players in certain sports.
There is a difference and the parties to the House Settlement recognize that, including athlete legal representation.
 

NorthCyd

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Aug 22, 2011
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Schools will go all out to stop athletes from getting employee status, that would be the real end of college sports
I hear this all the time. Why? Many Colleges employ thousands of students. I was a student employee in college. Pretty sure universities already provide insurance and healthcare to athletes. Colleges are going to start paying athletes now. So what is the major issue?
 

FriendlySpartan

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Jul 26, 2021
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Will the school end up paying a lot more if athletes are employees? $20.5 million plus cost of scholarship for the athletes now comparison.
Yep because then you will still have the added healthcare costs, workers comp costs, tax costs, long term health issue costs, plus a whole bunch of other issues related to employment status.
 

MountainManHawk

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Sep 10, 2015
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Yep because then you will still have the added healthcare costs, workers comp costs, tax costs, long term health issue costs, plus a whole bunch of other issues related to employment status.
From what I’ve read it mostly hinges on whether they are deemed part-time or full-time employees.

But clearly there is a risk that costs balloon once they go down this path.

What really needs to happen is for everyone to just accept that the revenue sports need to be treated differently than all the others. Schools obviously sponsored all these non-revenue sports back when football brought in no money so allowing football players to keep some of the money they bring in shouldn’t kill the whole system.

I have no idea how accurate this is but this is what AI estimates the additional costs of calling them employees would be:






Two Scenarios:
  • High-End: Athletes are classified as full-time employees, triggering maximum legal and financial obligations
  • Low-End: Athletes are part-time employees, allowing schools to limit benefits, reduce compliance burdens, and avoid new Title IX costs

1. Payroll Taxes
  • High-End: $2–3 million
  • Low-End: $2–3 million

Why: All employers must pay ~7.65% for FICA (Social Security & Medicare) and federal/state unemployment insurance. These apply regardless of part-time or full-time classification.

2. Employee Benefits

  • High-End: $4–6 million
  • Low-End: $0–1 million

Why: Full-time employees (30+ hrs/week) typically trigger ACA healthcare mandates, retirement eligibility, and disability coverage. If athletes are part-time, schools can avoid these obligations entirely or offer minimal voluntary plans.


3. Administrative & HR Compliance
  • High-End: $1–3 million
  • Low-End: $1–2 million

Why: Schools will need expanded HR teams, legal oversight, time-tracking systems, and employment documentation—regardless of classification. Complexity increases with scale and union pressure.


4. Title IX Equity Costs

  • High-End: $10–20 million
  • Low-End: $0
Why: Title IX requires gender equity in athletics, but whether that extends to employee compensation is legally unresolved. On the high end, schools preemptively expand pay and benefits to women athletes to avoid lawsuits. On the low end, schools gamble on narrow legal definitions, offer nothing new to non-revenue sports, and hope courts or regulators don’t intervene.

5. Legal Risk & Liability Reserves

  • High-End: $1–2 million
  • Low-End: $0.5–1 million

Why: Employee status brings exposure to workplace claims (harassment, wrongful termination, unsafe conditions). These risks are greater with full-time classification, but still relevant with part-time roles.

6. Unionization & Labor Counsel

  • High-End: $2–3 million
  • Low-End: $1–2 million

Why: Even part-time employees can unionize. Schools may need to negotiate collective bargaining agreements, defend against unfair labor practice claims, and retain labor lawyers. Larger programs and those in union-friendly states face higher exposure.


Interpretation
  • Low-End Scenario (Optimistic): Schools limit total new costs to just $4.5–9 million per year, assuming:
    • Athletes are classified as part-time,
    • No Title IX expansion is enforced,
    • Only limited administrative and legal overhead is necessary.
  • High-End Scenario (Risk-Averse): Schools prepare for full employment protections and parity, pushing total additional cost up to $37 million/year.