Are some college athletes employees with a right to employee pay?

I'm David Brancaccio. A federal court has called into question another piece of the

college sports model a three-judge panel has concluded that many

college athletes are likely employees not amateur students and may be

protected under federal minimum wage laws marketplaces's Novosophos here with more.

Yeah, David, they're chipping away at that model.

This case is between current and former National Collegiate Athletic Association

Division I athletes and participating universities and

the NCAA itself. If this ruling stands it would move forward a 2021 Supreme Court

decision that college athletes can profit from their name, image, and

likeness. That was about sharing in the spoils of celebrity. Now a panel of the

Third Circuit Court of Appeals in Philadelphia, which cited that Supreme Court decision, has ruled that collegiate athletes

deserve scrutiny as to whether the way they participate in school sports programs crosses

a threshold into employee status. The key issue being how much does the

school control the students activities. What practical effect is this ruling

have now? Well none right away the appeals court panel sent

the case back to the lower court to figure out a test to determine which student

athletes would qualify as employees and which wouldn't.

Presumably that the determination itself can be challenged down the road,

but the NCAA's position is that this appeals court ruling decision

has already gone too far and that it could hurt women's sports, Olympic sports and

sports at HBCUs, but the appeals court said why shouldn't participating

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