Berger v. National Collegiate Athletic Association, No. 16-1558 (7th Cir. 2016)Annotate this Case
Former students who participated on Penn’s women’s track and field team, regulated by the National Collegiate Athletic Association (NCAA) sued Penn, the NCAA, and more than 120 other NCAA Division I member schools, alleging that student athletes are “employees” within the meaning of the Fair Labor Standards Act (FLSA), 29 U.S.C. 201 and violated the FLSA by not paying their athletes a minimum wage. The district court dismissed, holding that the plaintiffs lacked standing to sue any of the defendants other than Penn, and failed to state a claim against Penn because student athletes are not employees under the FLSA. The Seventh Circuit affirmed. The plaintiffs did not plausibly allege any injury traceable to, or redressable by, any defendant other than Penn. Citing the Department of Labor Field Operations Handbook, the court reasoned that NCAA-regulated sports are “extracurricular,” “interscholastic athletic” activities and that the Department did not intend the FLSA to apply to student athletes.