Foley & Lardner LLP Partner Jon Israel’s comments as a panelist during the session “What could the future look like? Is Congress the only option?” at LEAD1 Association’s annual spring meeting are quoted in the ON3 OS article, “Experts say there’s ‘no stopping’ employment train with NCAA sports.”
“Is there a way of stopping the employment train?” Israel asked, questioning whether student-athletes will one day be designated as employees. “If you look at the external forces, which [SEC Commissioner Greg Sankey] had mentioned last night, there may not be a way to stop that train. You’ve got all these elements coming at you…I don’t know if there’s a path to stopping it other than some legislation.”
Israel explained that a world in which student-athletes earn employee status will involve legal battles and lobbying of state legislatures for change. He emphasized that universities need to be thinking about what they are doing with their student-athletes and programs overall, to best position themselves as a “facilitator to solve your problems before somebody brings the hammer.”
“If you are open-minded and listening to what their [student-athletes’] needs and wants are, and loosening the restrictions, trying to do something different, involving them in the process is psychologically huge,” Israel said. “We see it in employee management all the time as almost probably the No. 1 way to continue to build goodwill with your personnel, your players. Involve them, and hear what they are saying.”
