Freedom to contract != forced pay
by gregmorrissey (2023-03-28 15:00:07)
Edited on 2023-03-28 15:00:42

In reply to: If they are employees...  posted by KeoughCharles05

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Now, I'll admit that I haven't researched whether Hollywood actors are characterized as independent contractors or employees. I thought at one time that professional athletes were independent contractors, but based on what I have found online in limited searching, they are employees.

I don't feel like getting into the IRS definition of employees vs. independent contractors. I would guess based on the captive and control provisions, it is likely the IRS would deem NCAA athletes employees.

Based on the black market compensation historically and now with NIL, it appears that both sides are in agreement that there is surplus value provided by the service providers. I'm not forcing universities to change their rules. I'd force the NCAA to abolish the amateurism rules thus allowing its member institutions the freedom to contract with the athletes as they'd like and for the athletes to procure proper representation. If Notre Dame wanted to continue with their current approach of NIL and scholarships and no other compensation, then I don't have a problem with it. They won't win, but I have come to expect that result anyway so no change there.



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