7th Circ. Won't Rethink Penn Athletes-Not-Employees Ruling

Law360, New York (January 4, 2017, 8:15 PM EST) -- The Seventh Circuit refused Wednesday to rethink its ruling that University of Pennsylvania student-athletes cannot be considered employees based on their college sports participation, in a potentially fatal blow to their attempt to pursue Fair Labor Standards Act class claims for minimum wage.

Two Penn student-athletes had asked the Seventh Circuit last month to overturn its precedential Dec. 5 ruling affirming the February dismissal of their suit against the NCAA and more than 120 NCAA member schools. The suit alleged that student-athletes were employees entitled to compensation under the FLSA.

But the Seventh Circuit said that after considering their petition, “no...

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