I’m skipping chapter 7 because I’m already familiar with it. Chapter 8 seems like it is probably relevant to the case study (the part relating to Title IX)

The US Dept of Labor oversees these laws and regulations. It administers the regulations set forth by the Fair Labor Standards Act, passed in 1938 (!!).

• Enterprise coverage
  • Employees who work at a company with at least $500,000 in business a year and/or have at least two employees
• Individual coverage
  • Not covered by enterprise coverage but employee regularly engages in interstate commerce or the production of goods for interstate commerce

(This really seems like just about everyone except self-employed local family businesses)

Minimum wage, overtime, etc. rules are created by the FLSA

The three-part test to determine if a salary position should be exempt:

• Salary basis test: the employee is paid a fixed salary
• Salary test: the salary must be above a minimum level
• Duties test: the salaried employee must be involved in the executive, administrative, or professional functions of the business

Assistant coaches and trainers are probably not exempt because they are not “learned professionals” nor are they “administrative” employees.

Another exemption is available if the organization is recreational and makes most of its money in 6 months or less of the year, or does not operate more than 7 months. Can’t get around it by making multiple businesses that only operate part of the year.

Internships have their own rules. Lots of them.

Volunteers are individuals who are not paid and do not expect to be paid, for a public service, religious, or humanitarian objective. Volunteers cannot volunteer for private for-profit orgs except through their charitable endeavors.

OSHA: Safety!!!

Things OSHA regulates, relevant to sports:

• General duties
• Specific hazard standards
• Construction records and safety
• Prevention of transmissible diseases
• PPE for exposure of various kinds
• Retaliation for making reports

Worker’s compensation requires three things:

• A compensable injury must have occurred
• The injury must be accidental
• The injury must arise out of employment
  • This is the most complex one, since the employee doesn’t have to be on the premesis for this to be valid

Professional athletes are entitled to worker’s comp for injuries (was not expecting that but still happy for it). Unfortunately, student-athletes are not employees (boooooo).

That’s it! Looks like the Title IX retaliation stuff was in chapter 7 after all. It’s not too complicated so I’ll use it directly to do the thing (on pages 149-150).