For 12th time, Capitol Hill to hold legislative hearing on college sports

As college athletes vote to form unions and legal pressures continue to mount against the NCAA, college sports has another date on Capitol Hill.

The subcommittee of the House Education and the Workforce Committee scheduled a legislative hearing for March 12, titled “Safeguarding student-athletes from NLRB misclassification.” The subcommittees on Health, Employment, Labor, and Pensions and Higher Education and Workforce Development will hold the hearing, scheduled for 10:15 a.m. ET.

Unlike past hearings focused on enacting guidelines in name, image and likeness, next Tuesday’s legislative hearing will be aimed at tackling labor rulings that could reshape the future of college sports.

The Dartmouth men’s basketball team voted 13-2 on Tuesday to form a union. While it is a historic day, the Big Green will face a lengthy appeal process. In addition to the Dartmouth case, the college sports employment train continues to barrel down multiple tracks.

The latest chapter in the NLRB trial involving USC, the Pac-12 Conference and the NCAA concluded last week in Los Angeles. Inside an NLRB regional office, Administrative Law Judge Eleanor Laws is presiding over an all-important case that alleges the three charged parties are joint employees of USC’s football and men’s and women’s basketball players.

Plus, plaintiffs in the Johnson v. NCAA case, former Villanova football player Trey Johnson and other Division I athletes are asking that athletes be deemed employees subject to the Fair Labor Standards Act. That requires covered employees to be paid minimum wage and overtime pay, much like non-athletes at colleges who participate in work-study programs.

The last legislative hearing regarding college sports was held in January in the House Subcommittee on Innovation, Data, and Commerce, titled “NIL Playbook: Proposal to Protect Student Athletes’ Dealmaking Rights.” NCAA president Charlie Baker testified along with three current athletes, including UCLA quarterback Chase Griffin.

Arguably the most important news item of the day came after the hearing. Speaking to reporters, Rep. Lori Trahan of Massachusetts said she didn’t believe Congress would reach a consensus on granting employment exemption and antitrust to the NCAA.

Time will tell if next Tuesday’s hearing – the 12th since 2020 – will throw the NCAA a lifeline.