One of the most common questions that crosses sports and employment law is whether college athletes should be paid? Student-athletes argue that they should be treated as “employees,” while educational institutions prefer to classify students as simply that, students. The landscape changed dramatically in June 2021, when the National Collegiate Athletic Association (NCAA) implemented an interim name, image and likeness, or NIL, policy allowing student-athletes to earn money thanks to their personal brand.
The NCAA interim policy consists of three main parts:
- Athletes may participate in NIL activities if they follow the laws of the state in which their school is located. Schools must ensure that these activities comply with state law.
- Athletes from states without NIL laws can still participate in NIL activities without violating NCAA rules.
- Athletes are permitted to seek professional service providers for their NIL activities.
