Athletes Are Not a Dime a Dozen – The Johnson Court’s Failure to Distinguish Between Revenue-Generating, and Non-Revenue-Generating Athletes Leaves its Economic Realities Test Insufficient

Athletes Are Not a Dime a Dozen – The Johnson Court’s Failure to Distinguish Between Revenue-Generating, and Non-Revenue-Generating Athletes Leaves its Economic Realities Test Insufficient

Introduction The Third Circuit’s departure under Johnson’s economic realities test provides a more workable standard than Glatt’s test for determining a student-athlete’s status under the FLSA but is not the best way to determine whether athletes should be considered employees under the FLSA. While the Third Circuit's rationale for the economic realities factor test for student-athlete employment is a positive step towards judging if an athlete …