California Expands “Student Athlete Bill of Rights”

College athletes have been consistently denied the right to organize unions, collectively bargain, and receive fair compensation, despite producing billions of dollars for their universities, conferences, and the National Collegiate Athletic Association (“NCAA”). At the federal level, this disparity has been lessened somewhat recently by the ability of certain college athletes to negotiate “name, image, and likeness” compensation deals.

In California, some college athletes, although still unpaid and unable to collectively bargain, are also protected by Section 67452 of the Education Code. This “Student Athlete Bill of Rights” guarantees scholarships in the event of a sports-related “incapacitating injury or illness” and an additional scholarship year to complete a degree where the athlete has exhausted their athletic eligibility.

Senate Bill (“SB”) 661, signed by Governor Newsom this year, extends the protections of Section 67452 to an additional group of college athletes – those who attend and play for universities that receive “less than $10 million in annual income from media rights for intercollegiate athletics.” Now, athletes at numerous colleges of varying sizes across California will receive this benefit, not just those who play for the most prestigious universities and athletic programs.

If you have any questions, please contact your usual labor law counsel.

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