7th Circ. Hesitant To Say NCAA Players Work In FLSA Suit

Law360, Chicago (September 28, 2016, 3:01 PM EDT) -- A Seventh Circuit panel urged to revive a class action filed by two University of Pennsylvania student-athletes seemed skeptical of their claim that playing a college sport could be classified as work deserving of minimum wage pay under the Fair Labor Standards Act during oral arguments Wednesday.

The panel had tough questions for the attorney representing Penn track and field athletes Gillian Berger and Taylor Hennig, asking him what proof he had the legislators who created the FLSA intended for college athletics to fall under the statute’s definition of work.

While asking the attorney, Paul McDonald of PL McDonald Law LLC,...

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