Are NFL Players Employees?

It’s a question that has been asked for years, and one that was brought back to the forefront this week. Are NFL players employees?

Introduction

The NFL has come under fire in recent years for the way it treats its players. The league has been accused of not doing enough to protect players from concussions and other head injuries, and of not providing enough financial security for players who suffer career-ending injuries. There have also been calls for the league to do more to support players who suffer from mental health issues.

One of the key issues at the heart of these debates is whether or not NFL players are employees of the league. If they are considered employees, then they would be entitled to certain rights and protections under labor laws. If they are not considered employees, then the NFL would have more leeway in how it treats them.

There is no clear answer to this question, as there is no perfect legal definition for an employee. However, there are some key factors that could be used to determine whether or not NFL players are employees of the league. These factors include:

-The level of control that the NFL has over players’ lives and careers
-The degree to which players are economically dependent on the League
-The extent to which players’ careers are limited by their contracts

Based on these factors, it seems likely that NFL players could be considered employees of the league. This would give them more rights and protections under labor laws, and could lead to changes in how the league treats them.

What is an employee?

The term “employee” generally refers to someone who works for an employer in return for salary or wages, and may also be someone who works in a position that is expected to last indefinitely. The NFL is a professional American football league consisting of 32 teams, divided evenly between the National Football Conference and the American Football Conference.

The common law test

Determining whether someone is an employee or an independent contractor under the common law test depends on a number of factors. The courts will consider the totality of the circumstances in each case, but some of the key factors that they will look at include:
-whether the person performs services that are an integral part of the business
-whether the person’s work requires special skill and is therefore not within the realm of normal work that could be performed by someone with no particular training
-the degree of control that the business has over how, when, and where the work is performed
-the person’s opportunity for profit or loss based on their own initiative and efforts
-whether the relationship is intended to be temporary or permanent

In general, the more control a company has over how someone does their job, and the more integral their job is to the company’s business, the more likely it is that they will be considered an employee. NFL players are generally considered to be employees because they are required to perform certain duties (e.g., following plays from a playbook) in order for their team to be successful, and they are not typically given much leeway in how they do those things. The team also has a great deal of control over when and where they play, as well as what compensation they receive.

The economic realities test

In order to determine whether a person is an employee or an independent contractor, the IRS looks at what is known as the “common law rules.” Generally speaking, someone is an employee if the company they are working for has the right to control how they do their job. If the company does not have this control, then the worker is likely an independent contractor.

The IRS has set out three categories that it believes are relevant in determining whether someone is an employee or an independent contractor. These categories are:

*Behavioral: Does the company have the right to control how the worker does his or her job? If so, then the worker is likely an employee. If not, then he or she is likely an independent contractor.
*Financial: Is the worker paid hourly, monthly or based on some other type of schedule? If so, then he or she is likely an employee. If the worker is paid project-by-project or per task completed, then he or she may be considered an independent contractor.
*Type of Relationship: Does the company provide benefits to the worker such as health insurance or a pension plan? If so, then he or she is likely an employee. If not, then he/she may be considered an independent contractor

How have courts applied these tests to NFL players?

The question of whether professional football players are employees has been hotly debated for years. The courts have applied different tests to try to answer this question, with varying results. In this article, we will take a look at how the courts have applied these tests to NFL players.

The common law test

The first step in any employment law case is to determine whether the person bringing the claim is an employee or an independent contractor. If the individual is an employee, he or she will be entitled to the protections of the applicable employment laws. If the individual is an independent contractor, he or she will not be entitled to those protections.

There are a number of different tests that courts have used to determine whether an NFL player is an employee or an independent contractor. The most common test is the common law test, which looks at a number of different factors to determine whether an individual is an employee or an independent contractor. The factors that are considered under the common law test vary from jurisdiction to jurisdiction, but they typically include:

-The degree of control that the employer has over the worker
-The type of work that the worker is performing
-Whether the worker is performing work that is essential to the business
-The duration of the relationship between the employer and the worker
-The extent to which the worker is integrated into the business
-The degree of mutual dependence between the employer and the worker
-Whether the worker is paid by hour, by project, or by some other means

Courts have applied this test to NFL players in a number of different ways. In some cases, they have found that NFL players are employees, while in others they have found that NFL players are independent contractors. The outcome of any particular case will depend on its unique facts and circumstances.

The economic realities test

The economic realities test is the most commonly used test by courts to determine whether an NFL player is an employee. This test looks at six factors to determine if an employer-employee relationship exists:
1. The extent to which the worker’s services are an integral part of the business
2. The worker’s opportunity for profit or loss based on his/her own initiative and effort
3. The degree of control exercised by the employer over the worker
4. The permanency of the relationship between the worker and the employer
5. The degree of skill required for the performance of the services
6. Whether the employer or the worker supplies the tools, materials, and place of work

Conclusion

Yes, NFL players are employees of the team they play for. NFL players are not employees of the NFL league office.