What are the potential effects of the Northwestern NLRB decision on New York compensation claims?
- Wages: A basic building block of any workers’ compensation claim, disputes would certainly arise as to what an injured student-athlete’s “average weekly wage” is. Wages are defined by the New York Workers’ Compensation Law as “the money rate at which the service rendered is recompensed under the contract of hiring in force at the time of the accident, including the reasonable value of board, rent, housing, lodging, or similar advantage received from the employer.” Under this definition, the logistical difficulties of calculating average weekly wage become apparent — what is includable in “wages,” including scholarship money, meal plans, boarding, and travel accommodations would certainly be up for dispute.
- Part-Time vs. Full-Time Status: Also important to the calculation of average weekly wage and benefits would be the status of a student-athlete as part-time or full-time. In general, a New York employer is required to keep track of the number of days an employee works. Certainly, legal disputes could arise as to what constitutes a day worked, since this could include practices, game days, workouts (voluntary or involuntary), team meetings, and off-season practices or workouts. Whether each category of team activity would constitute a day worked could have a significant impact on the wage and benefit analysis of an injured student-athlete.
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- Tags: American Football | Competition Law | Contract Law | Employment Law | Governance | National Labor Relations Board (NLRB) | Regulation | United States of America (USA)
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