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1 1 (September 6, 2024)

handle is hein.crs/goveqoc0001 and id is 1 raw text is: Johnson v. National Collegiate Athletic Association: Third Circuit Allows College Athletes' Claim for Wages to Move Forward September 6, 2024 In Johnson v. National Collegiate Athletic Association, the U.S. Court of Appeals for the Third Circuit (Third Circuit) considered whether college athletes can be barred as a matter of law from asserting claims for compensation because they are not employees under the Fair Labor Standards Act (FLSA), the federal law that sets minimum wage and overtime pay requirements. On July 11, 2024, the court held that the athletes could not be barred from bringing an FLSA claim, and remanded the case to the lower court to determine whether the athletes can be considered employees under the statute. This Sidebar provides a brief overview of the FLSA, discusses the Third Circuit's decision in Johnson v National Collegiate Athletic Association, and offers considerations for Congress. Fair Labor Standards Act The FLSA, 29 U.S.C. §S 201 et seq., sets forth federal minimum wage and overtime pay requirements for most private and public sector employees. The act defines an employee as any individual employed by an employer, and defines employ to include to suffer or permit to work. The act further states that an employer includes any person acting directly or indirectly in the interest of an employer in relation to an employee. Reflecting on the scope and the plain words of the statute, the Supreme Court has described the FLSA as having striking breadth and that the act contained no definition that solves problems as to the limits of the employer-employee relationship. The Court recognized that FLSA's broad definition ofemploy may expand the meaning of employee to include some parties who might not qualify as such under a strict application of traditional agency law principles. While broadly providing minimum wage and overtime pay protections to most employees in the United States, the FLSA also includes exemptions for certain employees. For example, the act exempts from minimum wage and overtime pay requirements any employee employed in a bona fide executive, administrative, and professional capacity. Furthermore, courts have construed the terms of the act to exclude certain workers, such as independent contractors and interns. Following Supreme Court precedent Congressional Research Service https://crsreports.congress.gov LSB11223 CRS Legal Sidebar Prepared for Members and Committees of Congress

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