LSU-SIU
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But NIL is just individual. What is to unionize? Who’s the employer? I think players will seek payment from schools at some point. They will then realize that I’m only making 50K from my employer, I pay taxes on that, my free education, free lodging, free meals, are all being taxed as a gift and I’m making less than I was before! Student athletes getting paid will not be what they think it is.
The players could organize now, meaning even if not classified as "employees".... they have the ability to work as a group. The schools have no ability to terminate the scholarship based on lack of performance, although they have options to not renew the scholarship at the end of its term.
There is literally nothing stopping all players from doing anything on Saturday, meaning.... failure to perform as a group. The players do not have to perform.
I agree the players will probably organize and push for payments whether or not a court determines they are "employees". Just to let you know there is already lawsuits as to players seeking classification as "employees". Furthermore, none of that will matter when they come to seeking damages under antitrust... which I expect to be huge.