Letting Go of a ‘Frayed Tradition’: The Third Circuit’s Economic Realities Test in Johnson v. NCAA

By Jennifer L. F. Cohen[1]             The “frayed tradition of amateurism” does not prevent college athletes from being classified as employees under the FLSA. On July 11, 2024, the Third Circuit affirmed in part, denied in part and remandedJohnson v. National Collegiate Athletic Ass’n[2] (hereafter, “Johnson”) to the District Court to use a different test to determine whether college athletes could be considered employees unde