Fortune | FORTUNE 前天 20:50
Are college athletes employees of their schools? Trump signs executive order asking labor authorities to figure it out
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美国总统特朗普指示劳动部长和国家劳动关系委员会,通过指导方针或规则来明确大学体育运动员的身份,旨在最大化高等教育机构通过体育运动提供的教育福利和机会。此举旨在为混乱且缺乏监管的大学体育体系注入秩序,以应对日益增长的商业化和运动员权利诉求。特朗普政府强调大学体育不应等同于职业体育,并呼吁保留和扩大非热门体育项目的奖学金和参赛名额,同时保护大学体育的教育属性。

🎓 特朗普总统的行政命令旨在通过劳动部和国家劳动关系委员会,规范大学体育运动员的身份地位,以期为混乱的大学体育体系带来秩序,并强调大学体育的教育功能而非职业化。

💰 文章指出,大学体育产业已发展成为一个数十亿美元的产业,运动员因其商业价值和对体育收入的贡献,要求获得报酬的呼声日益高涨。最高法院的裁决以及NIL(姓名、肖像、代言)协议的出现,已打破了长期以来大学体育的“业余主义”模式。

⚖️ NCAA(美国大学体育协会)及其成员大学一直在寻求联邦层面的立法支持,以应对日益复杂的运动员权利和经济分配问题。尽管特朗普的命令未直接提及国会正在审议的法案,但NCAA president和主要联盟都强调了制定全国统一标准的必要性。

🌟 行政命令还特别关注了非热门体育项目(非足球和篮球项目)的奖学金和参赛名额的保留与扩大,并呼吁司法部和联邦贸易委员会通过法律行动来保护运动员的权利和大学体育的利益,同时确保大学体育项目继续为美国奥运代表队输送人才。

Trump directed the secretary of labor and the National Labor Relations Board to clarify the status of collegiate athletes through guidance or rules “that will maximize the educational benefits and opportunities provided by higher education institutions through athletics.” The order does not provide or suggest specifics on the controversial topic of college athlete employment.

The move comes after months of speculation about whether Trump will establish a college sports commission to tackle some of the thorny issues facing what is now a multibillion-dollar industry. He instead issued an order intended to add some controls to “an out-of-control, rudderless system in which competing university donors engage in bidding wars for the best players, who can change teams each season.”

“Absent guardrails to stop the madness and ensure a reasonable, balanced use of resources across collegiate athletic programs that preserves their educational and developmental benefits, many college sports will soon cease to exist,” Trump’s order says. “It is common sense that college sports are not, and should not be, professional sports, and my administration will take action accordingly.”

There has been a dramatic increase in money flowing into and around college athletics and a sense of chaos. Key court victories won by athletes angry that they were barred for decades from earning income based on their celebrity and from sharing in the billions of revenue they helped generate have gutted the amateurism model long at the heart of college sports.

Facing a growing number of state laws undercutting its authority, the NCAA in July 2021 cleared the way for athletes to cash in with NIL deals with brands and sponsors — deals now worth millions. That came mere days after a 9-0 decision from the Supreme Court that found the NCAA cannot impose caps on education-related benefits schools provide to their athletes because such limits violate antitrust law.

The NCAA’s embrace of NIL deals set the stage for another massive change that took effect July 1: The ability of schools to begin paying millions of dollars to their own athletes, up to $20.5 million per school over the next year. The $2.8 billion House settlement shifts even more power to athletes, who have also won the ability to transfer from school to school without waiting to play.

At Big Ten Conference football media days in Las Vegas, Purdue coach Barry Odom was asked about the Trump order.

“We’ve gotten to the point where government is involved. Obviously, there’s belief it needs to be involved,” he said. “We’ll get it all worked out. The game’s been around for a hundred years and it’s going to be around 100 more.”

The NCAA has been lobbying for several years for limited antitrust protection to keep some kind of control over this new landscape — and avoid more crippling lawsuits — but a handful of bills have gone nowhere in Congress. Trump’s order makes no mention of that, nor does it refer to any of the current bills in Congress aimed at addressing issues in college sports.

NCAA President Charlie Baker and the nation’s largest conferences both issued statements saying there is a clear need for federal legislation.

“The association appreciates the Trump administration’s focus on the life-changing opportunities college sports provides millions of young people and we look forward to working with student-athletes, a bipartisan coalition in Congress and the Trump administration,” said Baker, while the conferences said it was important to pass a law with national standards for athletes’ NIL rights as soon as possible.

The 1,100 universities that comprise the NCAA have insisted for decades that athletes are students who cannot be considered anything like a school employee. Still, some coaches have recently suggested collective bargaining as a potential solution to the chaos they see.

It is a complicated topic: Universities would become responsible for paying wages, benefits, and workers’ compensation and schools and conferences have insisted they will fight any such move in court. While private institutions fall under the National Labor Relations Board, public universities must follow labor laws that vary from state to state and it’s worth noting that virtually every state in the South has “right to work” laws that present challenges for unions.

Trump’s order also:

— Calls for adding or at least preserving athletic scholarships and roster spots for non-revenue sports, which are those outside football and basketball. The House settlement allows for unlimited scholarships but does impose roster limits, leading to a complicated set of decisions for each program at each school that include potential concerns about Title IX equity rules. Trump said “opportunities for scholarships and collegiate athletic competition in women’s and non-revenue sports must be preserved and, where possible, expanded.”

— Asks the Justice Department and Federal Trade Commission to “preserve college athletics through litigation” and other actions to protect the rights and interests of athletes — a stance that could influence ongoing lawsuits filed by athletes over eligibility and other issues.

— Directs White House staff to work with the U.S. Olympic and Paralympic Committee to protect the collegiate pipeline feeding Team USA. College sports programs produce around three-quarters of U.S. Olympians at a typical Summer Games, but some are on uncertain footing as schools begin sharing revenue with athletes and the lion’s share going to football and basketball.

___

AP National Writer Eddie Pells contributed.

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特朗普 大学体育 运动员权益 NIL NCAA
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