The National Labor Relations Board's General Council has re-established a policy introduced by an Obama administrator and issued updated guidance that certain student athletes may be considered employees under the National Labor Relations Act, and has therefore provided protection for the law.  Wednesday's memo by NLRB Advocate General Jennifer Abruzzo reinstates a policy introduced in January 2017 by Obama-appointed Richard F. Griffiths Jr., who was still in office during his tenure under the Trump administration. The policy was repealed in December 2017.
Football players at academic institutions are employed under the NLRA, the announcement states. "Misclassifying them as 'athletes' and making them believe they are not entitled to legal protection has a relaxing effect on Section 7 activities," Abruzzo said in his statement. Section 7 gives employees the right to participate in coordinated activities for mutual assistance. or protection,
The note refers to the U.S. Supreme Court's unanimous June judgment in the NCAA v. Alston as Abruzzo said, "acknowledged that college sports is a for-profit enterprise and rejected the NCAA's antitrust in athletics. "