In a significant expansion of a 2014 ruling by NLRB regional director Peter S. Ohr that Northwestern football players are employees, Robert Griffin the NLRB has now found that players at all 17 private colleges in the FBS are employees as well. This ruling only applies to the 17 private FBS colleges, including: Duke, Miami, Brigham Young, Notre Dame, Stanford, and more.
The memo released by Griffin continues to chip away at the NCAA's amateurism model. The memo also clarifies that the football players that attend private colleges are now entitled to campaign for their own interests as employees- which includes asking for pay, free of retaliation. Now that the football players are classified as employees, they are under NLRB protections if the schools retaliate against them.
Robert Griffin was appointed the NLRB's general counsel by President Obama in 2013, and his term ends in November, where his replacement could issue different guidance.