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Judge denies NCAA's dismissal from case seeking to have athletes declared school employees
While some schools are dismissed from suit, Notre Dame, Duke, Oregon, Purdue and Arizona will be added as defendants alongside the NCAA.
www.usatoday.com
A federal judge in Pennsylvania on Wednesday denied the NCAA’s request for dismissal of a lawsuit that seeks to have Division I athletes classified as employees of their schools who are entitled to hourly wages.
The ruling was the second in four weeks in which U.S. District Judge John R. Padova refused to dismiss the NCAA from the case. In the first, Padova ruled that lawyers for the plaintiffs had met the basic standard of plausibly alleging that athletes “are employees … for purposes of the” Fair Labor Standards Act (FLSA).
This suit is grounded in the plaintiffs’ contention that athletes should be treated as employees because, among other factors:
► Athletes are required to participate in certain activities.
► The hours that they spend on those activities are recorded on time sheets because of the NCAA’s limits on the number of hours athletes are supposed to required to spend on their sports each week.
► The schools exercise significant control over the athletes, through various rules and handbooks.