GOP Lawmakers Demand Transparency on Biden's Athlete-as-Employee Push

Republicans are pushing for a detailed account of how the Biden administration spent taxpayer dollars to advocate for student-athletes being classified as employees of their universities. Representatives Tim Walberg (R-Mich.) and Rick Allen (R-Ga.) have formally requested these records from National Labor Relations Board (NLRB) Chairman Marvin Kaplan and acting General Counsel William Cowen. They're particularly interested in the expenses related to the NLRB's case against the University of Southern California, the Pac-12 Conference, and the NCAA. **President Joe Biden's** NLRB had previously argued that these entities were intentionally obscuring the rights of college athletes by labeling them "student-athletes" instead of "employees." This push for transparency comes as Capitol Hill is increasingly focused on reforming the NCAA's name, image, and likeness (NIL) rules, which now allow student-athletes to profit from their personal brand. Walberg and Allen believe that these expenditure records will be crucial for Congress to determine if legislative changes are necessary. "The Committee is concerned that the Biden-Harris NLRB spent significant taxpayer resources pursuing a case meant to curry favor with union interests for nearly three years," they stated in their letter. "The outcome could have upended intercollegiate athletics and stripped numerous scholarship opportunities from American students." During the Biden administration, NLRB General Counsel Jennifer Abruzzo issued a memo in September 2021, asserting that the National Labor Relations Act supports the classification of certain athletes at academic institutions as statutory employees. This came shortly after the NCAA began allowing students to profit from NIL, following public and legal pressure. The Trump administration has since rescinded the Biden administration's memo, which insisted that college athletes should be recognized as employees under federal labor laws, and revoked guidance that required schools to distribute NIL payments equally between male and female athletes. Aaron Withe, a government unionization expert and former college athlete, expressed concerns that pushing college athletes to be viewed strictly as employees could harm college sports. "Are unions going to step in between a coach and their athletes for yelling at the players, or because practice went long or because they're making them run an exceptional amount of lines?" he questioned. He also noted that schools might cut sports programs if they aren't profitable enough and that the traditional meritocracy of athletic competition could be affected. The letter from Walberg and Allen also highlights that student-athletes might have to start paying federal taxes on scholarship funds if they are considered employees. However, proponents argue that it's time for student-athletes to get a share of the financial benefits they help generate. Karla Walter of the Center for American Progress stated, "Colleges and universities have profited off student athletes for decades. It’s the government's job — not its burden — to make sure student athletes' rights are respected and they get their fair share." Andrew Stettner of The Century Foundation added, "Student-athletes generate tens of millions of dollars for their universities. Just like anyone else whose labor enriches a broader entity, they have a right under the National Labor Relations Act to collectively bargain for things like revenue sharing, workplace conditions and protections from injury." Last year, the GOP-controlled Committee on Education and Workforce passed legislation to prevent college athletes from being considered employees, but it didn't progress further. Senator Ted Cruz (R-TX) has indicated plans to reform the NIL system, describing the current state of college sports as the "wild West." Currently, there is no federal legislation regulating the NIL framework, though many states have enacted laws permitting NIL payments for recruiting. The NCAA changed its rules in 2019, bowing to pressure to allow these payments.