Employment and Labor

Is It Really Work If You're Having Fun? Shedding Light on the Employment Protections Afforded to College Students

4/21/2017 | Article

By David L. Disler

ABA TIPS Employment and Labor Law Committee - Winter 2017 Newsletter

Over the years, courts and administrative agencies have struggled to properly classify the "work" performed by college students under our country's employment and labor laws. As the U.S. Supreme Court poignantly observed, the "structure of a university does not fit neatly within the statutory scheme." This past year was no exception, as the entitlements afforded to student-athletes and teacher assistants grabbed headlines.  With the college landscape continuing to evolve, each of these cases illustrate the increasing complexity in properly classifying the "work" performed by students.

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