SEC goes to Washington......

[TheOriginalCane]

But you are making my point that this issue has relevance to a a very small percentage of people and politicians. Outside of the Southeast, Michigan, PA, Ohio and Cali I’m not sure this is the ”pressing” issue that the people in the world of college sports thinks it is.
Part of this is because there is a greater systemic issue of college football becoming an increasingly regional sport.

But the biggest issue for me is that I am confident it would be unconstitutional for congress to pass a law limiting how much money a college student can make via endorsements. And the politicians know this even if the idiots at the NC2A and people like Nick Saban do not. So I would expect a few politicians to care, not many, and it ends right there because anyone who read the Supreme Court opinion knows where they stand on this issue.

And I’m sure the NC2A isn’t asking for anything fair either like making athletes employees and giving them collective bargaining rights. This will be the idiot NC2A, which created this nonsense with their archaic rules and moronic appeals, asking Congress to limit how much money college students can make.
Well at least Tubberville will care because he is too stupid to understand the Supreme Court opinion.

That's a fair point. I was just saying that state politicians frequently become US politicians.

I also want to clarify, I've never said "limit" the income. But they can definitely set some guidelines and there are a whole host of things that can be done in addition that I don't want to bore people with.

The big key here is this. To the extent that any of this money could implicate the schools (such as how certain states are allowing the schools to set up NIL deals), then it very well COULD become an "employer-employee" relationship. Many court cases have already noted that several of the commonlaw elements of employer-employee have already been met (such as setting "work" schedules and making various activities compulsory). So all that will be needed is a bit more involvement by the universities on the payment side, and I strongly suspect that you'll find a judge out there to rule in favor of the athletes.

If you create a bright line that divides "endorsement" type income from anything that COULD be viewed as salary (such as the scholarship money), you are probably OK. For instance, the fact that PROFESSIONAL athletes go out and earn additional endorsement income does NOT impact their salary or team salary caps. Note that pro athletes don't wear their team uniforms and logos (sometimes they use the team colors).

We shall see. There's plenty of room for the feds to legislate, but whether they have the appetite or desire to do so, I'm not as sure.

 

[AtlAtty]

That's a fair point. I was just saying that state politicians frequently become US politicians.

I also want to clarify, I've never said "limit" the income. But they can definitely set some guidelines and there are a whole host of things that can be done in addition that I don't want to bore people with.

The big key here is this. To the extent that any of this money could implicate the schools (such as how certain states are allowing the schools to set up NIL deals), then it very well COULD become an "employer-employee" relationship. Many court cases have already noted that several of the commonlaw elements of employer-employee have already been met (such as setting "work" schedules and making various activities compulsory). So all that will be needed is a bit more involvement by the universities on the payment side, and I strongly suspect that you'll find a judge out there to rule in favor of the athletes.

If you create a bright line that divides "endorsement" type income from anything that COULD be viewed as salary (such as the scholarship money), you are probably OK. For instance, the fact that PROFESSIONAL athletes go out and earn additional endorsement income does NOT impact their salary or team salary caps. Note that pro athletes don't wear their team uniforms and logos (sometimes they use the team colors).

We shall see. There's plenty of room for the feds to legislate, but whether they have the appetite or desire to do so, I'm not as sure.

Good points and I agree. I think I am bitter about this whole issue because of the NC2A appeals and how they created this issue and then go running with their tails between their legs to Congress with the help of the biggest crooks of all in the SEC.

 

[TemplarCane]

That's a fair point. I was just saying that state politicians frequently become US politicians.

I also want to clarify, I've never said "limit" the income. But they can definitely set some guidelines and there are a whole host of things that can be done in addition that I don't want to bore people with.

The big key here is this. To the extent that any of this money could implicate the schools (such as how certain states are allowing the schools to set up NIL deals), then it very well COULD become an "employer-employee" relationship. Many court cases have already noted that several of the commonlaw elements of employer-employee have already been met (such as setting "work" schedules and making various activities compulsory). So all that will be needed is a bit more involvement by the universities on the payment side, and I strongly suspect that you'll find a judge out there to rule in favor of the athletes.

If you create a bright line that divides "endorsement" type income from anything that COULD be viewed as salary (such as the scholarship money), you are probably OK. For instance, the fact that PROFESSIONAL athletes go out and earn additional endorsement income does NOT impact their salary or team salary caps. Note that pro athletes don't wear their team uniforms and logos (sometimes they use the team colors).

We shall see. There's plenty of room for the feds to legislate, but whether they have the appetite or desire to do so, I'm not as sure.

I‘ve posted a few times about the intellectual property aspect of NIL and endorsements. Your comment above is the first I‘ve read along the same lines.

Schools can limit or impact, sort of, what NIL endorsements one of their athletes can sign. I think many schools already have some guideline. By not allowing the player to wear team logos or even refer to the school the player’s value to the product could diminish. How many players hold high value when not associated with their school? Few, I’d bet.

We’re not far from removing the ‘student’ from the ‘student-athlete’.

 

[TemplarCane]

I just want NIL issues to make all the way to congressional hearings so we can hear all NCAA and $EC honks take the fifth or outright lie when repeatedly asked about illegal and improper booster payments prior to the NIL Era.

Followed by former players testifying with receipts.

 

[NC_Canes_11]

NIL was always gonna be the end of the NCAA when they ignored it and let the states make their own rules. P5 is gonna break off and have their own rules. It’ll turn into NFL minor leagues. It’s the only way they’re gonna be able to make a salary cap work. That’ll get rid of the amateur tag and allow donors to give to the schools and have the schools pay the kids directly. Which could lead to kids having to make the choice of taking the full scholarship or taking the salary. And obviously kids who don’t get paid enough to pay for tuition, will take the scholarship. That’ll be how these schools with twenty 5 stars on their roster will stay under the cap. That might also complicate things for private schools. Some will opt to stay with the NCAA bc they can’t compete with state school tuitions. Or have some revision in the rules that allows those schools to give a certain percentage of scholarship and still pay the kids.

 

[JHallCanes]

@Hoyacane1620 should be getting more credit for his thread title

 

[423Hurricane]

Sabag’s barking up the wrong tree. No way in **** Congress can/will impose any kind of limits as to what a person (in this case college athletes) can earn. The Supreme Court, all the labor unions and the NLRB would be all over that like stink on ****.

NIL is already out of control. Most of us aren’t surprised. As huge of an enterprise that CFB is, I’m not sure how at this point, it can be regulated, if at all. Most notably, the SEC (and others) has been handing out bags for years without repercussion. Even IF some sort of law or regulation was implemented, the schools that were circumventing the “rules” beforehand, will continue to find ways to do so.

 

[Canes2082]

Funny those who've operated "under the table" all these years are crying to Congress about players making legal taxed $$$

It was about control and now they cant control that anymore

 

[Hoyacane1620]

LOoks like today is the big meeting...

 

[L A M P]

@Hoyacane1620 should be getting more credit for his thread title

I've just scrolled past for two days thinking Huskies joined SEC.

 

[TheOriginalCane]

LOoks like today is the big meeting...

Scalise: "Welcome, gentlemen, I understand you have some concerns about college football."

Saban: "THERE'S A CUBAN GUY IN MIAMI PAYING PLAYERS BILLIONS AND ALABAMA CAN'T COMPETE."

Scalise: "Yes, sir, I understand that, but can I get a brief summary of the problems you..."

Saban: "DIDN'T YOU HEAR ME, I SAID THAT A TONY MONTANA LOOKALIKE IS ARMED WITH MACHINE GUNS SITTING BEHIND A HUGE PILE OF MONEY!"

Scalise: "OK, so this is a potentially violent situation, then?"

Saban: "CAN'T YOU GUYS DO SOMETHING, YOU KEEP TALKING ABOUT IMMIGRATION, CAN'T YOU JUST DENY THIS GUY HIS ASYLUM HEARING?!"

Scalise: "Mr. Saban, I don't see how that is relevant..."

Saban: "YOU GOTTA BUILD A WALL BETWEEN FLORIDA AND CUBA, THERE'S NO WAY FOR MY GENTEEL GENTLEMEN BOOSTERS TO COMPETE!"

Scalise: "I'm sorry, I just realized I have a very important meeting with Matt Gaetz and Marjorie Taylor-Green that I would greatly prefer to this."

Saban: "COME BACK, WE STILL HAVEN'T TALKED ABOUT CUBANS BUYING SPORTS TEAMS, IT'S UN-AMERICAN!"

 

[stormsurge]

FIRST you get the money

THEN you get the power

THEN you get the woman

John Ruiz is really after the woman

 

[CaneLife93]

Scalise: "Welcome, gentlemen, I understand you have some concerns about college football."

Saban: "THERE'S A CUBAN GUY IN MIAMI PAYING PLAYERS BILLIONS AND ALABAMA CAN'T COMPETE."

Scalise: "Yes, sir, I understand that, but can I get a brief summary of the problems you..."

Saban: "DIDN'T YOU HEAR ME, I SAID THAT A TONY MONTANA LOOKALIKE IS ARMED WITH MACHINE GUNS SITTING BEHIND A HUGE PILE OF MONEY!"

Scalise: "OK, so this is a potentially violent situation, then?"

Saban: "CAN'T YOU GUYS DO SOMETHING, YOU KEEP TALKING ABOUT IMMIGRATION, CAN'T YOU JUST DENY THIS GUY HIS ASYLUM HEARING?!"

Scalise: "Mr. Saban, I don't see how that is relevant..."

Saban: "YOU GOTTA BUILD A WALL BETWEEN FLORIDA AND CUBA, THERE'S NO WAY FOR MY GENTEEL GENTLEMEN BOOSTERS TO COMPETE!"

Scalise: "I'm sorry, I just realized I have a very important meeting with Matt Gaetz and Marjorie Taylor-Green that I would greatly prefer to this."

Saban: "COME BACK, WE STILL HAVEN'T TALKED ABOUT CUBANS BUYING SPORTS TEAMS, IT'S UN-AMERICAN!"

I probably laughed harder than I should have but that was good @TheOriginalCane

 

[Home Slice]

Blow up the entire NCAA and start afresh

 

[RVACane]

I smell a “salary cap” of some sort on the way.

If there’s a way they could, they would. And then they’ll just under table pay with bags so no one can compete as they’ve always done. Open NIL is the devil to them.

 

[AtlAtty]

If there’s a way they could, they would. And then they’ll just under table pay with bags so no one can compete as they’ve always done. Open NIL is the devil to them.

They can “maybe” salary cap earnings but not endorsements. And to salary cap earnings the players would have to be given collective bargaining rights, which will basically make the professionals.
But there is no way to cap endorsements, which is literally what NIL is.

 

[RVACane]

They can “maybe” salary cap earnings but not endorsements. And to salary cap earnings the players would have to be given collective bargaining rights, which will basically make the professionals.
But there is no way to cap endorsements, which is literally what NIL is.

Agree 100% which is why I said “if they could”. I don’t see how the government can cap endorsements in a free capitalist society.

 

[TheOriginalCane]

They can “maybe” salary cap earnings but not endorsements. And to salary cap earnings the players would have to be given collective bargaining rights, which will basically make the professionals.
But there is no way to cap endorsements, which is literally what NIL is.

Yes. And for both you and @RVACane , that's why there is still some validity to trying to keep "compensation" income and "endorsement" income separate and clearly defined.

We have way too many "simple" posters who just think "everything is legal now" and "everyone is getting paid now", and they don't see what is really going on. "A state law says it, so it must be true", etc.

If the NCAA has ANY HOPE AT ALL of these student-athletes NOT being (eventually) deemed employees, they will figure out a way to create a FRAMEWORK for reporting and tracking (but not salary-capping) these NIL opportunities, and also to fight back against states that are engaged in a race to the bottom to allow the universities to coordinate and direct these NIL payment efforts.

It's not only a Pandora's box, it's a couple of boxes inside of other boxes. This **** is complicated, and one of these days a judge is going to cut through the Gordian Knot and say "enough of this bull****, it is pretty obvious that universities are arranging payment for these student-athletes, and it's pretty obvious that the payments are for athletic services".

I just don't want to see any of these kids having to pay out tens of thousands of dollars in back taxes and penalties and interest due to a lack of awareness (or even worse, doing jail time). We all know that these "NIL agents" are NOT handling the tax compliance burden. They just aren't.

I've seen way too many people in life (not just athletes) who go 1 or 2 or 3 years without comprehending the impact of a 1099, and then the IRS eventually catches up with them.

 

[SevnandSevn]

Agree 100% which is why I said “if they could”. I don’t see how the government can cap endorsements in a free capitalist society.

I'm always confused when people compare NIL money to a professional player's salary. I understand that there is a gray area with collectives but wouldn't capping NIL contracts be similar to the NFL telling Aaron Rogers that he's only allowed to make so much money from his State Farm commercials?

 

[RVACane]

I'm always confused when people compare NIL money to a professional player's salary. I understand that there is a gray area with collectives but wouldn't capping NIL contracts be similar to the NFL telling Aaron Rogers that he's only allowed to make so much money from his State Farm commercials?

That’s exactly how I see it and I think @ATL Canes and the @TheOriginalCane do too. If it’s “proper NIL” it’s like an endorsement deal. The government doesn’t cap someone’s ability to earn endorsement income.

The problem to me is with some of these collectives and schools doing pay for play under the guise of endorsements in too loose of a manner.