Overview

• The executive order exempts fair-market name, image and likeness deals while prohibiting donor-funded recruiting payments by third parties.
• It directs the Department of Labor and National Labor Relations Board to clarify whether student-athletes qualify as employees within 30 days.
• The Departments of Education, Justice and the Federal Trade Commission must develop regulatory and enforcement plans within 30 days.
• Institutions with athletic revenues above $125 million are urged to increase support for women’s and non-revenue sports, and those with over $50 million must maintain current funding levels.
• Enforcement will rely on forthcoming agency regulations and funding levers, and litigation on constitutional and antitrust grounds is expected.