Inside Higher Ed came issued an article today noting that the National Labor Relations Board's general counsel recently issued a non-binding opinion stating that in his opinion "Big-time college football players at private institutions should be considered employees".
The NLRB's board declined to assert jurisdiction "and the NLRB has no authority over public institutions." InsideHigherEd's article notes this opinion does not "carry the force of law."
The NLRB's general counsel, Richard Griffin, is an Obama appointee. InsideHigherEd's article notes that Griffin's term ends this year. They add, "and his replacement could issue different guidance."
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— FootballScoop Staff (@FootballScoop) February 2, 2017