One court has spoken. You may have to pay some of your interns and trainees. According to Hon. William T Lawrence, judge of the US District Court for the Southern District of Indiana, universities do not have to pay their student athletes for their participation in athletic activities--because student athletes are not employees.
The case is Berger et al v. NCAA et al, Case No 1:14-cv-01710 (also referred to by some as Anderson et al v NCAA). Wait a minute. Doesn't the Fair Labor Standards Act take a rather inclusive approach to defining who is an employee? Yes . Why then did Judge Lawrence, rule that student athletes aren't employees under the FLSA?
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