Film Room: Employment status, eligibility cases, and related federal action
October 01, 2025
Film Room: Employment status, eligibility cases, and related federal actionOctober 01, 2025 In this week’s Film Room, we provide an update from:
Johnson (student-athlete employment status) update As a brief refresher, plaintiff student-athletes in Johnson are seeking a finding that a wide range of student-athletes are employees of their institutions. In July 2024, the US Court of Appeals for the Third Circuit issued a decision directing the parties on the proper legal standard to be applied when considering whether student-athletes are employees under the Fair Labor Standards Act. In November 2024, following the Third Circuit’s decision, plaintiffs submitted an amended complaint. In March 2025, defendants moved to dismiss the case. Plaintiffs responded in July, defendants replied in August, and plaintiffs filed a sur-reply just last week. Briefing on the motion to dismiss now seems complete and we’ll await next steps in the litigation, which may include argument on the motion. Texas state court eligibility decision On September 24, a Texas state court ordered a temporary injunction that enjoined the enforcement of the membership’s five-year rule as applicable to football student-athlete Louis Moore. Like several recent eligibility challenges, the plaintiff student-athlete was previously enrolled at a junior college and argued that including time spent there to restrict eligibility limits his economic opportunity. Unlike prior challenges, Moore based his challenge exclusively on Texas state antitrust law. The court calendared a trial on the merits for late January. DC activity The prospect of federal action that comprehensively addresses employment, eligibility, and other regulatory considerations in college athletics seems to be increasing. On September 25, Ross Dellenger of Yahoo! Sports provided a detailed update on the SCORE Act that’s worth reading in full. The article frames key areas that could be addressed by the SCORE Act, which include employment status and the eligibility rules. The report suggested movement toward bipartisan agreement on several areas under current debate. Separately, as we previously noted, the July 24, 2025, executive order directed government officials to assess and act in numerous areas impacting college athletics, including on student-athlete status and protection from challenges under antitrust theories (that could include those featured in the line of eligibility cases). We’ll continue to keep you posted on ongoing court cases in these areas as well as the legislative and executive branch activity that impacts college athletics regulation. If you have any questions about this Legal Briefing, please feel free to contact any of the attorneys listed or the Eversheds Sutherland attorney with whom you regularly work. Latest InsightsLatest News
Latest Events
legal updates June 03, 2026 Commercially Connected shorts - 3 June 2026 legal updates June 03, 2026 UK Government confirms refinements to CfD allocation round 8 legal updates June 03, 2026 Global Life Sciences & Healthcare Bulletin legal updates June 03, 2026 UK Government announces mandatory foreign permanent establishment exemption client news June 03, 2026 A blueprint for growth: Eversheds Sutherland supports Leonard Design Group ... client news June 02, 2026 Next stop, public ownership: Eversheds Sutherland advises DfT on GTR transi... firm news June 01, 2026 Eversheds Sutherland strengthens restructuring offering with senior partner... firm news June 01, 2026 Eversheds Sutherland strengthens Commercial Advisory practice with technolo... virtual Education Webinar - Legal refresher for education institutions – governance... June 04, 2026 11:00AM - 12:00PM virtual UK employment law training June 09, 2026 1pm - 4pm (BST) Virtual virtual Education Webinar - Occupational Stress : Preventing Suffering, Enhancing W... June 10, 2026 11:00AM - 12:00PM virtual Nordic (Denmark, Finland, Norway and Sweden) employment law training June 16, 2026 12.45pm - 4pm (BST) Virtual |