Former University of Southern California (USC) linebacker is leading a putative class action unpaid wages lawsuit, alleging the NCAA and Pac-12 Conference had deprived the athletes of a living wage.
According to the class action unpaid wages lawsuit, the sports organizations stopped the athletes from being considered non-exempt employees.
This prevented the athletes from earning a living wage, along with other minimum wage benefits provided under state and federal labor laws.
USC Player Files an Unpaid Wages Lawsuit
Lead plaintiff Lamar Dawson played for USC from 2011 though December 2015, and claims he was not promptly paid and was not offered itemized wage statements.
In addition, Dawson also alleged that he and other athletes were forced to work over eight hours a day and over 40 hours a week without receiving any overtime benefits.
The class action unpaid wages lawsuit alleges the NCAA and Pac-12 violated the Fair Labor Standards Act and California labor laws by not sufficiently paying the athletes.
The class action unpaid wages lawsuit points out how wealthy the sports organizations may be based on the popularity of college football.
According to NCAA research collegiate athletics accumulate $6.1 billion per year, with the Pac-12’s tax filings showing the organization grossed $374 million in 2014.
“Not a single dollar of that enormous revenue would exist if it were not for the efforts of the athletes themselves. [D]efendants have controlled and regulated the employment of student athletes who have not met, and currently do not meet, any test for exemption from the payment of minimum wage, overtime wages and other wage entitlements,” the class action unpaid wages lawsuit stated.
Overview of Minimum Wage Violation Allegations
It is important to note this class action unpaid wages lawsuit is not the first of its kind. The University of Pennsylvania is facing similar allegations of withholding wages from college athletes.
Overall Dawson’s claim states that athletes playing for major college football are entitled to minimum wage benefits, based on the fact that the organizations depend on their participation.
The class action unpaid wages lawsuit also indicated athletes should be considered employees, due to the amount of control the NCAA and Pac-12 regulations have over the athletes’ lives.
These rules not only apply to the players during the game, but any of their conduct off the field and requires them to uphold a certain academic standards.
In addition, the sports organizations also prevent athletes from being paid for their athletic services while limiting their eligibility of financial aid they can receive.
NCAA representatives state their organization “strongly disagrees with the notion that college students participating in athletics are employees.”
The representatives further stated that their football players cannot treated the same as employees, based on the fact that they are students and are doing this sport out of “passion and commitment to their teammates.”
The class action unpaid wages lawsuit is applicable to Division I Football Bowl Subdivision athletes, with the California subclass including all athletes who were under control of the NCAA and Pac-12 football programs. The class period extends back to four years
The Unpaid Wages Lawsuit is Dawson v. National Collegiate Athletic Association et al., Case No. 3:16-cv-05487, in the U.S. District Court for the Northern District of California.
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