Virginia passes law to allow schools to pay players directly

[Skiblets]

The madness and confusion continues

Virginia law allows schools to pay athletes for NIL

Schools in Virginia will be able to directly pay athletes via name, image and likeness deals thanks to a state law signed Thursday morning.

www.espn.com

 

[Mazhude]

"The new law, which is scheduled to take effect July 1, is the first in any state to make it illegal for the NCAA to punish a school for compensating athletes for their NIL rights. Current NCAA rules prohibit schools from signing NIL deals with their own players. The law could either give Virginia schools a significant recruiting advantage or provide a catalyst for similar changes elsewhere..."

 

[shizzle787]

Hopefully this forces the NCAA to implement this nationwide by July 1.

 

[businesslawyer]

LOL. Just a “if I vote for this I can raise money from my supporters by putting out a tweet” law. The State of Virginia does not have the right to tell an out of state based national organization what rules it can or can’t impose on its members.

 

[CL82]

LOL. Just a “if I vote for this I can raise money from my supporters by putting out a tween” law. The State of Virginia does not have the right to tell an out of state based national organization what rules it can or can’t do.

Exactly.

Do you think the NCAA will come out with the statement that says any school that chooses to make direct NIL payments will be ineligible to participate in NCAA games? If not, then the Virginia law will become the new standard.

Had the NCAA taken the lead on this from the beginning, we wouldn't be in the mess were in. Instead, they suggested that states passed their own laws. So, in a way, they invited this.

 

[businesslawyer]

The NCAA already doesn’t allow its member institutions to pay its student athletes NIL money. They don’t have to do anything but take action when existing rules are broken. Do I think they will take action? It’s a member run organization. If other schools prefer the current system yes, they are not going to allow Virginia schools to play by different rules. If the membership wants to use this to have the NCAA loosen its rules on schools paying players, then the NCAA will change its rules

 

[Skiblets]

If I’m an athlete in Virginia once a school
pays me I’m immediately asking for health and pension benefits since I’m now officially an employee

 

[CL82]

They don’t have to do anything but take action when existing rules are broken

If they don't enforce their rules, they have no rules.

 

[CL82]

If I’m an athlete in Virginia once a school
pays me I’m immediately asking for health and pension benefits since I’m now officially an employee

The new law attempts to sidesteps that by saying schools can pay students directly for NIL but can't employ them. I'm not sure that the NRLB and/or state labor and tax officials would see things that way though.

 

[Skiblets]

The new law attempts to sidesteps that by saying schools can pay students directly for NIL but can't employ them. I'm not sure that the NRLB and/or state labor and tax officials would see things that way though.

So they’re 1099s? Labor attorneys would have a field day with that

 

[1999GoodSon]

The new law attempts to sidesteps that by saying schools can pay students directly for NIL but can't employ them. I'm not sure that the NRLB and/or state labor and tax officials would see things that way though.

Correct. They would absolutely not be independent contractors. "Yes, your honor he's a student at our school, wears our uniform and promotes the university, and we pay him for these activities, but we do not direct his actions or require him to follow any schedule". That would be the shortest legal argument ever heard.

 

[upstater]

LOL. Just a “if I vote for this I can raise money from my supporters by putting out a tweet” law. The State of Virginia does not have the right to tell an out of state based national organization what rules it can or can’t impose on its members.

But... the NCAA was sued by states for imposing a rule against state law.

 

[HuskyWarrior611]

But... the NCAA was sued by states for imposing a rule against state law.

Right, isn’t how all this came about in the first place?

 

[speckle]

There's always one jackass that wants to throw a barstool.

 

[Kolumbo]

So they’re 1099s? Labor attorneys would have a field day with that

Looks like the take is, they are paying the players NIL/marketing campaigns, not for playing football. Two separate things. I don't see how a state can pass a law which has any bearing on the NCAA, but like BL says, it's a member run organization.

"Williams said this was "maybe a distinction without a difference, but there's a distinction there.""

 

[upstater]

Looks like the take is, they are paying the players NIL/marketing campaigns, not for playing football. Two separate things. I don't see how a state can pass a law which has any bearing on the NCAA, but like BL says, it's a member run organization.

"Williams said this was "maybe a distinction without a difference, but there's a distinction there.""

Williams was referring to Title 9.

But I don't know why we're even having this discussion when the NCAA was sued by states that had passed laws allowing students to receive NIL, and the NCAA relented.

That's how NIL came to be in the first place.

It's weird that we're speculating on whether something can happen -- and it already happened 2 years ago.

That article was also discussing whether students who receive money could be employees. This is settled law. The NLRB and the courts have already ruled on this. They are considered employees.

If this was somehow reversed, you're opening a big channel for all contracts between universities and contingent employees.