Contractor, Employee or Something New? The Classification Questions Facing College Athletic NIL Collectives
With booster-funded collectives accounting for the vast majority of college athletic NIL compensation, universities and third-party collectives face mounting legal exposure over whether student-athletes are independent contractors, common-law employees or an entirely new legal hybrid. In Part 2 of a series for The Texas Lawbook, this article examines how clearinghouse scrutiny, performance benchmarks and IRS control tests could trigger joint-employer liability under the Fair Labor Standards Act.


