Counting Factors, Not Fumbles: Why the Johnson “Economic Realities” Test Will Become the New Benchmark for Assessing Student-Athlete Employment Protection Claims

Counting Factors, Not Fumbles: Why the Johnson “Economic Realities” Test Will Become the New Benchmark for Assessing Student-Athlete Employment Protection Claims

In Johnson v. NCAA, the Third Circuit allowed student-athletes to bring claims for relief under the Fair Labor Standards Act (FLSA), creating a baseline test for employee status in college athletics.[i] The Johnson court rejected the lower court’s use of the Glatt test[ii] (used for employment questions involving unpaid internships),[iii]  recognizing that student-athletes are sui generis and requiring a new employment test.[iv] The resulting “e…