- Joined: Sep 1, 2015
- Last Login: Oct 26, 2021, 2:24pm EDT
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Comment 1 reply, 1 rec
I think Lundy...
needs to hit the weight room and a nutrition plan that puts 20-30# on him and move him into the interior of the line or perhaps strong side DE.
Comment 2 recs
I am now...
but spent 14 years on the defense side, including lead counsel in labor & employment class actions. I was also a business owner prior to being a lawyer, with 90 employees under my watch. Employment and collective bargaining is far more costly than many people know…
Judging by the comment section...
I take it that either Syracuse v. FSU is an "I don’t care" game or our losing streak has deflated enthusiasm for the team and season. Or maybe it’s both. We need a win here…
Comment 2 replies, 10 recs
As a labor and employment attorney, I can list the following concerns…
1. Title VII – employers with over 15 employees are subject to prosecution via Title VII. Think discrimination based on race, disability, nationality, religion, gender, and sexual orientation. If you are familiar with disparate impact analysis, you are now forced to ask what of the fact that different sports are seemingly dominated by a particular race. Can those disparities be explained away in a manner that survives disparate impact analysis (caveat: the SCOTUS seems to be questioning this long-held discrimination tool; more to come)? What about sexual harassment? Harassment includes creating an oppressive environment, even if there isn’t actual harassment of any one individual. Have you heard locker room talk? How long until someone, whether male or female, trans-gendered, gay, straight, or bi, player or grad assistant, "feels" harassed or an oppressive work environment? What about sports segregated by gender? There are all sorts of traps just waiting to be tripped by young, unknowing teenagers, grad assistants, and coaches. And then you have to consider the cost of putting in an HR compliance team to investigate any allegations of discrimination. Attorneys are just drooling over employee status.
2. Collective bargaining – if athletes are employees, they are entitled to unionize. Ring up more dollars in attorneys’ fees, not to mention the higher wages and benefits you will pay and the collection of union dues that will initially rest with the employer. Just more administrative costs for the schools, and that says nothing about the inability to rid yourself of trouble-making athletes. If I could share all of the stories of union and employer preferences and side-deals and violations of CBAs that entailed one of either the union or employer, or both, averting their eyes, you would be shocked. Knife fights, near fatalities, illegal drug use on company time – all violations of CBAs and employer rules I have seen go punished by a mere 2-day suspension, all because the union held so much power.
3. Affordable Care Act – All employers with over 50 full-time (30+ hours/week) employees are required to provide their full-time employees affordable healthcare or face a penalty. There are formulas and longer time periods that may provide exceptions or limitations for the healthcare requirement, but again, you’re talking about an active HR department to keep you within those exceptions, if even possible.
4. Workers’ compensation – you may think this topic is easy, as our sports teams receive medical care for their sport-related injuries all of the time, but now you have to add in the possibility of future temporary or permanent, partial or full, disability due to an injury. Plus, workers’ comp attorneys will assuredly object to university doctors and healthcare professionals determining the necessary treatments and disability diagnoses for their clients. Cha-ching!
5. Some states have mandatory paid leave for family emergencies, adoptions, medical issues, and births. Those states’ universities will face a greater cost burden than a state like Florida, which doesn’t have such a requirement. But paid family leave is coming; it’s in the current Democratic spending bill. They may not get it this time, but bet your bottom dollar it will eventually be a federal requirement for large employers. Better open the cash register again…
6. OSHA – that wonderful bureaucratic department that determines how safe a workplace must be. You can bet that practice and games will be reviewed for dangerous conditions for which OSHA will demand change. Even weight room work would come under the microscope.
7. Employee costs – First, non-revenue generating sports athletes will assuredly join the union that collectively bargains for football and basketball because there will be more wages to be made. So, let’s look at football. Putting on pads and equipment – known as donning and doffing in the legal biz – is generally compensable if the equipment is necessary to mitigate the potential for injury and if the act of donning and doffing takes more than de minimum time. Weight room time, film room time, practice, any required study halls, any requirements that athletes attend class, meetings with coaches, public outreach, game time, pre-game time in the locker rooms and on the field, travel to far-away locations – all compensable time. Let’s assume $20/hour. Times 85 members of the football team. For an hour’s worth of work, you are now at $1700/hour – JUST for the football team. An away game in Boston or Chicago for a match-up with B.C. or N.D., departing on Friday afternoon and returning 48 hours later? That cost you an additional $81,600, without taking into account the additional costs mentioned below.
Now add women’s soccer, track & field, baseball, swimming & diving, women’s softball – all likely have 20 or more athletes at any one time. Men’s and women’s basketball, women’s volleyball – somewhere between 10-20 athletes per team. Then the smaller teams like men’s and women’s golf. One need only look at our student-athlete population and do the math. Oh, and add 9-10% on top of that number to account for social security and Medicare contributions. Then maybe another 1-2% for employer contributions to IRAs or pensions. The costs, in both wages, administration, and obligatory legal, is going to force smaller athletic departments to close down, and you can bet larger departments will curtail non-revenue generating sports. That, in the end, means fewer scholarships for other student-athletes.
The purpose of a university is to educate our children and, if possible, to educate as many of them as the university can. How does turning student-athletes into employees assist in this purpose?
Comment 2 replies
It’s our ever devolving culture…
Where what I want is more important than the moment or what is appropriate. I spent the entire N.D. game in front of a pair of recent grads who had to drop the f-bomb about 100 times while shouting at the refs and N.D.’s team. For some reason, they really thought N.D. could hear their taunts from 36 rows up, and it continued throughout the whole game. Never mind that there were about 10-12 kids within a few seats of them or that they were on the alumni side; they just had to let heaven know that they really didn’t like the refs and N.D. There was no way anyone heard them, save the 2-3 rows around them and God above, but they must have felt good to get all that anger off their chests in the name of fandom…