Professor Maureen Weston, College Sports as Work: Are College Athletes as Employees the Answer or An Existential Threat? -- University of St. Thomas Law Journal

Professor Maureen A. Weston's article, College Sports as Work: Are College Athletes as Employees the Answer or An Existential Threat?, (SSRN) is published in the University of St. Thomas Law Journal, 21 Univ. St. Thomas L. J.  522 (2025). The article considers the shift of college sports toward a professional model, and the question of recognizing college athletes as employees. 

Abstract of College Sports as Work: Are College Athletes as Employees the Answer or An Existential Threat?

College athletes navigate rigorous schedules encompassing academics, sports, and increasingly entrepreneurial endeavors, including securing NIL (Name, Image, Likeness) deals. Meanwhile, the National Collegiate Athletic Association (NCAA), originally founded to safeguard student-athlete welfare, faces mounting legal challenges to its amateurism rules. Antitrust litigation, coupled with shifting societal expectations, is pushing college sports toward a professional model, raising the critical question: what would happen if college athletes were recognized as employees?

This article explores the implications of such recognition, examining the historical reluctance of courts to acknowledge college athletes as employees and the recent shift toward viewing their relationship with institutions through the lens of common-law employment tests. It evaluates the potential impacts on institutional athletic programs, gender equity compliance, taxation, and the overall athlete experience, while also addressing the legal, financial, and regulatory challenges that could arise. By prompting discussion of legal, financial, and cultural factors, this article provides a comprehensive framework for understanding how recognizing college athletes as employees might reshape the future of collegiate sports - for better or worse.