Ralph “Trey” Johnson et al. v. National Collegiate Athletic Association et al., in the U.S. Court of Appeals for the Third Circuit claims that Plaintiffs, who are student athletes at 5 of the Defendant colleges and universities, engage in interscholastic athletic activity for their colleges and universities and, therefore, are employees who should be paid for the time they spend related to the athletic activities.  

Professor Michael H. LeRoy, represented by Benjamin F. Johns filed an amicus brief, which argued that the NCAA is hiding behind the “sham of amateurism” in an effort to avoid paying players. The brief argued that the NCAA employs student-athletes as defined under the FLSA, and therefore, athletes should be entitled to payment for their time spent related to athletic activities. 

Should the Third Circuit side with the Plaintiffs in this case, finding that student athletes are employees as defined under the Fair Labor Standards Act (FLSA) and are entitled to payment for their time spent engaged in athletic activities, many other colleges and universities could become the subject of similar cases. 

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