HR 2688119th CongressIn Committee

Protecting Student Athletes’ Economic Freedom Act of 2025

Introduced: Apr 7, 2025

Standard Summary

Comprehensive overview in 1-2 paragraphs

The Protecting Student Athletes’ Economic Freedom Act of 2025 would prohibit treating student athletes (and former student athletes) as employees of any college or university, athletic conference, or governing association solely because they participate in varsity intercollegiate athletics or because of rules governing membership on varsity teams. In effect, it solidifies that student-athlete status cannot be used to establish employment under any federal or state law. The bill defines key terms (institution, conference, association, student athlete, varsity competition and program, and varsity sports team) to differentiate between the entities involved in college sports and to ensure that participation and governance rules do not create employee relationships. The measure appears intended to preserve amateur status and governance under existing athletic associations, even as NIL deals and other compensation for athletes grow.

Key Points

1Prohibits employee status for student athletes: A student athlete (or former student athlete) may not be treated as an employee of an institution, conference, or association under any federal or state law or regulation due to participation in varsity intercollegiate athletics or related membership rules.
2Notwithstanding clause: The employment prohibition applies despite any other federal or state law, meaning this statute would preempt conflicting employment classifications in practice.
3Definitions to guide scope: The act defines “association,” “conference,” “institution,” “student athlete,” “varsity intercollegiate competition,” “varsity intercollegiate athletics program,” and “varsity sports team” to delineate who is covered and how participation is organized.
4Scope of coverage: Applies to both current and former student athletes who participate in varsity intercollegiate athletics programs or competitions sponsored by institutions.
5Purpose and governance: The text implies the aim is to maintain amateur status and the prerogatives of governing bodies (associations/conferences) in organizing and regulating varsity sports, regardless of labor-law classification.

Impact Areas

Primary group/area affected- Student athletes at colleges and universities who participate in varsity intercollegiate athletics, and the athletic departments and staff that manage these programs.Secondary group/area affected- Athletic associations and conferences that set rules and organize championships; their member institutions could be constrained from recognizing athletes as employees.Additional impacts- Labor and wage rights: Could limit or eliminate eligibility for employee wage protections, workers’ compensation, unemployment insurance, and potential collective bargaining or unionization efforts tied to employee status.- NIL and compensation landscape: While NIL deals may continue, the bill would keep athlete status from becoming “employee” status for wage-based protections, potentially affecting how compensation is categorized and regulated.- Legal and policy considerations: The blanket not-withstanding clause would create preemption-like effects on related state or federal employment laws, which could invite legal challenges or preemption arguments and might interact with evolving state laws and court rulings on athlete status.The bill as introduced provides no enforcement mechanisms, penalties, or transition rules beyond the employment-status prohibition.Sponsor details appear in the introduction, with multiple Representatives listed; the bill has been referred to the Committee on Education and Workforce.

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