FP Workplace Law Forecast 2024

Sports

2023 RECAP

What Will 2024 Bring?

Student-Athlete Model Under Attack NLRB General Counsel Jennifer Abruzzo took another big step in the continuing saga surrounding college sports by filing a complaint in May seeking to have student-athletes classified as employees under the National Labor Relations Act – which would clear the way for them to consider forming a union. If successful, this action could fundamentally alter the nature of college sports. NIL Changed the Landscape Various states took initiative to amend their name, image, and likeness (NIL) laws to create competitive advantages and match what other states were doing to ensure local universities could recruit the best student-athletes. Additionally, third-party collectives have demonstrated that they are here to stay and are working together to advocate on behalf of student-athletes. Universities should understand and forge relationships with collectives to support their student-athletes and remain on the forefront of this field. Looking ahead to 2024, universities, conferences, and the NCAA are hoping for federal legislation to create uniform NIL requirements across the country – but any such comprehensive solution seems unlikely in an election year.

AI Focus Player Performance Will Be Boosted

AI can do wonders for optimizing player performance – not only can wearable tech integrated with AI provide real-time data on fitness, injury risks, and optimal training regimens, but it can also predict the likelihood of injuries by analyzing players’ health data, training intensity, and game statistics. Front Office Benefits AI tools can help teams manage contracts and salary caps more effectively by analyzing player performance, market trends, and financial regulations. Programs can assist in making strategic decisions regarding player signings and salary allocations. It can also enhance fan experiences by providing personalized content, such as tailored game highlights, player statistics, and predictive game analyses.

Todd Scherwin Regional Managing Partner Woodland Hills/Los Angeles tscherwin@fisherphillips.com

Adam Sloustcher Partner San Diego/San Francisco aslouster@fisherphillips.com

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