The National Labor Relations Board’s acting general counsel, William B. Cowen, has rescinded a memorandum issued by his predecessor, Jennifer Abruzzo, which classified college athletes as employees of their schools under the National Labor Relations Act. Abruzzo’s memo from September 2021 argued that college athletes should be considered statutory employees with the right to collectively bargain for improved terms and conditions of employment.

This decision by Cowen comes amidst ongoing efforts by the NCAA, conferences, and universities to prevent college athletes from being classified as employees. A bill aimed at addressing this issue passed a U.S. House committee in June 2024 but did not progress further.

The rescission of Abruzzo’s memo is part of a broader shift in policy, as seen with the recent action by the Education Department to rescind guidance issued under the Biden administration regarding compensation for college athletes’ name, image, and likeness (NIL) under Title IX gender-equity policies. These developments highlight the evolving landscape surrounding the treatment of college athletes and the ongoing debate over their employment status and rights.

Overall, these recent actions signal a shift away from the previous administration’s stance on college athlete employment and compensation, setting the stage for potential changes in how athletes are classified and compensated in the future.