NY State Senate Bill 2025-S4760

Senate Bill S4760

2025-2026 Legislative Session

Relates to collective bargaining rights for college athletes and authorizes the public employment relations board to exercise jurisdiction over collective bargaining matters

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Current Bill Status - In Senate Committee Labor Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 12, 2025	referred to labor

co-Sponsors

2025-S4760 (ACTIVE) - Details

See Assembly Version of this Bill:: A2014
Current Committee:: Senate Labor
Law Section:: Labor Law
Laws Affected:: Ren §718 to be §700-a, add §718, amd §701, Lab L
Versions Introduced in Other Legislative Sessions:: 2021-2022: S7287, A8153
2023-2024: S2748, A5099

2025-S4760 (ACTIVE) - Summary

Relates to collective bargaining rights for college athletes; authorizes the public employment relations board to exercise jurisdiction over institutions of higher education and college student athlete employees of such institutions in relation to all collective bargaining matters.

2025-S4760 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S4760

SPONSOR: BAILEY
 
TITLE OF BILL:

An act to amend the labor law, in relation to collective bargaining
rights for college athletes, and authorizes the public employment
relations board to exercise jurisdiction over institutions of higher
education and college student athlete employees of such institutions in
relation to all collective bargaining matters

 
PURPOSE:

To amend the labor law, in relation to collective bargaining rights for
college athletes, and authorizes the public employment relations board
to exercise jurisdiction over institutions of higher education and
college student athlete employees of such institutions in relation to
all collective bargaining matters.

 
SUMMARY:

Section one establishes the short title "New York College Athlete Right

to Organize Act"

Section two puts forth the legislative intent of the bill, discussing,
among other things, the inequality of bargaining power between employers
and employees, and the fact that college athletes face exploitation and
unfair labor practices.

Section three adds a new section to the labor law establishing the
collective bargaining rights of college athletes, along with parameters.

Section four defines "employer." Section five defines "employee."

Section six defines "grant-in-aid."

Section seven sets standards for forms of financial compensation in
relation to the National Labor Relations Act.

Section eight sets the severability clause.

JUSTIFICATION:

In 2019, the NCAA Board of Governors began the process of adopting a
name, image, and likeness policy for collegiate athletes. The goal of
the waiver is to give athletes the ability to take advantage of NIL
sponsorship opportunities without fear of violating NCAA rules. This
legislation takes the next step in bringing parity to the college sports
industry by empowering athletes to advocate for and protect their
careers.

Though college athletes are the foundation of a multibillion-dollar
sports enterprise in this country, they do not have an effective method
to advocate for improved working conditions, fair wages, or benefits.
This legislation would allow college athletes in New York State to self-
organize and collectively bargain the terms under which they play
sports.

 
FISCAL IMPACT:
None.

 
LEGISLATIVE HISTORY:

2021-22: S7287 - Referred to Labor

2023-24: S2748 - Referred to Labor

 
EFFECTIVE DATE:
This act shall take effect immediately; provided, however, that this act
shall be deemed repealed if any federal agency determines in writing
that this act would render New York state or any student athlete ineli-
gible for the receipt of federal funds or any court of competent juris-
diction finally determines that this act would render New York state out
of compliance with federal law or regulation provided, further, that the
commissioner of labor shall notify the legislative bill drafting commis-
sion upon the occurrence of such determination in order that the commis-
sion may maintain an accurate and timely effective data base of the
official text of the laws of the state of New York in furtherance of
effectuating the provisions of section 44 of the legislative law and
section 70-b of the public officers law. Effective immediately, the
addition, amendment and/or repeal of any rule or regulation necessary
for the implementation of this act on its effective date are authorized
to be made and completed on or before such effective date.

2025-S4760 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4760
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             February 12, 2025
                                ___________
 
 Introduced  by  Sens.  BAILEY,  HOYLMAN-SIGAL,  PARKER -- read twice and
   ordered printed, and when printed to be committed to the Committee  on
   Labor
 
 AN  ACT  to  amend  the  labor law, in relation to collective bargaining
   rights for college athletes,  and  authorizes  the  public  employment
   relations  board  to exercise jurisdiction over institutions of higher
   education and college student athlete employees of  such  institutions
   in relation to all collective bargaining matters
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. This act shall be known and may be cited as the  "New  York
 college athlete right to organize act".
   §  2.  Legislative  intent.  (a)  The National Labor Relations Act (29
 U.S.C.  151 et seq.) seeks to remedy the inequality of bargaining  power
 between  employees  and  employers  primarily  through  establishing and
 protecting the rights of employees to self-organize and designate repre-
 sentatives of their own choosing for  the  purpose  of  negotiating  the
 terms  and  conditions  of  their  employment  or  other  mutual  aid or
 protection. Labor organizations often originate  to  remedy  unfair  and
 exploitative labor practices by employers through assisting employees in
 securing  more  equitable  terms  and  conditions  of  their employment,
 including fair compensation and safe working conditions, which  individ-
 ual  employees  would be unlikely to negotiate successfully for on their
 own. Labor organizations serve unique and essential purposes for profes-
 sional athletes competing in sports leagues, where it  is  desirable  to
 establish  uniform  rules and standards across multiple employers. These
 rules and standards bear significant consequences  to  the  athletes  in
 terms of compensation, health and safety, and the ability or lack there-
 of  for athletes to choose their employer, among other issues related to
 the athletes' well-being. The formation of labor  organizations  repres-
 enting  athletes in professional sports leagues in the United States has
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04516-01-5

 S. 4760                             2
 
 helped end exploitative practices by team owners and management, partic-
 ularly through establishing collective bargaining agreements  that  have
 secured  athletes  a  fair  share of the revenues their talent and labor
 produces,  as  well  as  more  equitable  terms  of their employment and
 protections for their short- and long-term health.
   (b) College athletes face exploitative and unfair labor  practices  by
 the  National  Collegiate  Athletic  Association  (referred  to  in this
 section as the "NCAA") and its member  institutions,  primarily  through
 the  denial  of  the  basic  economic and labor rights of such athletes,
 which the NCAA and its member institutions have  justified  by  defining
 college  athletes as amateurs. The NCAA and its member institutions have
 denied college athletes a fair wage for their labor by colluding to  cap
 compensation;  they  maintain strict and exacting control over the terms
 and conditions of college athletes' labor; and they exercise the ability
 to terminate an athlete's eligibility to compete if the athlete violates
 these terms and conditions. College  athletes  exhibit  the  markers  of
 employment  as  established  under the common law definition of the term
 "employee":   They perform  a  valuable  service  for  their  respective
 colleges  under  a  contract for hire in the form of grant-in-aid agree-
 ments; these agreements assert significant  control  over  how  athletes
 perform  their  work  and the conditions under which they work; and they
 receive compensation  in  the  form  of  grant-in-aid  and  stipends  in
 exchange for their athletic services.
   (c)  To  establish  more  equitable  terms  and conditions for college
 athletes' labor, college  athletes  need  representation  of  their  own
 choosing  to  negotiate  collective  bargaining  agreements  with  their
 respective colleges and the athletic conferences that help set rules and
 standards across the state. To organize  effectively,  college  athletes
 must  be able to form collective bargaining units across institutions of
 higher education that  compete  against  each  other,  including  within
 athletic conferences in the state.
   §  3.  Section  718 of the labor law is renumbered section 700-a and a
 new section 718 is added to read as follows:
   § 718. COLLECTIVE BARGAINING RIGHTS FOR COLLEGE ATHLETES. 1. THE BOARD
 SHALL EXERCISE JURISDICTION OVER INSTITUTIONS OF  HIGHER  EDUCATION  AND
 COLLEGE  STUDENT  ATHLETE  EMPLOYEES OF SUCH INSTITUTIONS IN RELATION TO
 ALL COLLECTIVE BARGAINING MATTERS UNDER THIS CHAPTER PERTAINING TO  SUCH
 EMPLOYEES,  INCLUDING  ANY REPRESENTATION MATTER, SUCH AS RECOGNIZING OR
 ESTABLISHING A BARGAINING UNIT FOR SUCH EMPLOYEES AND ANY LABOR DISPUTE,
 INVOLVING SUCH INSTITUTIONS AND EMPLOYEES.
   2. FOR THE PURPOSE OF ESTABLISHING AN APPROPRIATE BARGAINING UNIT  FOR
 COLLEGE  ATHLETE  EMPLOYEES  AT  INSTITUTIONS  OF HIGHER EDUCATION IN AN
 INTERCOLLEGIATE ATHLETIC CONFERENCE, THE BOARD SHALL RECOGNIZE  MULTIPLE
 INSTITUTIONS  OF  HIGHER  EDUCATION  WITHIN  AN INTERCOLLEGIATE ATHLETIC
 CONFERENCE AS A MULTIEMPLOYER BARGAINING UNIT, BUT ONLY IF CONSENTED  TO
 BY  THE EMPLOYEE REPRESENTATIVES FOR THE INTERCOLLEGIATE SPORTS BARGAIN-
 ING UNITS AT THE INSTITUTIONS OF HIGHER EDUCATION THAT WILL BE  INCLUDED
 IN THE MULTIEMPLOYER BARGAINING UNIT.
   3.  NO  PERSON SHALL ENTER INTO OR INDUCE ANY PERSON TO ENTER INTO ANY
 AGREEMENT (INCLUDING A GRANT-IN-AID AGREEMENT,  AS  DEFINED  IN  SECTION
 3(15)  OF  THE NATIONAL LABOR RELATIONS ACT (29 U.S.C. 152(15)) OR LEGAL
 SETTLEMENT THAT WAIVES OR PERMITS NONCOMPLIANCE WITH THIS SECTION.
   4. AS USED IN  THIS  SECTION,  "INTERCOLLEGIATE  ATHLETIC  CONFERENCE"
 MEANS  ANY  CONFERENCE OR OTHER GROUP OR ORGANIZATION OF INSTITUTIONS OF
 HIGHER EDUCATION THAT:  (A)  EXERCISES  AUTHORITY  OVER  INTERCOLLEGIATE
 SPORTS  AT  SUCH INSTITUTIONS OF HIGHER EDUCATION; AND (B) IS ENGAGED IN
 S. 4760                             3
 
 COMMERCE OR AN INDUSTRY OR ACTIVITY AFFECTING COMMERCE; PROVIDED, HOWEV-
 ER, THAT SUCH TERM DOES NOT INCLUDE  THE  NATIONAL  COLLEGIATE  ATHLETIC
 ASSOCIATION.
   §  4.  Subdivision  2  of  section  701 of the labor law is amended by
 adding a new paragraph (c) to read as follows:
   (C) THE TERM "EMPLOYER" INCLUDES A PUBLIC INSTITUTION OF HIGHER EDUCA-
 TION AS DEFINED IN SECTION 102 OF THE HIGHER EDUCATION ACT OF  1965  (20
 U.S.C. 1002) AND LOCATED WITHIN THE STATE WITH RESPECT TO THE EMPLOYMENT
 OF COLLEGE STUDENT ATHLETE EMPLOYEES OF THE INSTITUTION.
   §  5.  Subdivision  3  of  section  701 of the labor law is amended by
 adding a new paragraph (d) to read as follows:
   (D) THE TERM "EMPLOYEE" OR "COLLEGE ATHLETE  EMPLOYEE"  SHALL  INCLUDE
 ANY  INDIVIDUAL  WHO  PARTICIPATES  IN  AN  INTERCOLLEGIATE SPORT FOR AN
 INSTITUTION OF HIGHER EDUCATION  LOCATED  WITHIN  THE  STATE  AND  IS  A
 STUDENT ENROLLED IN SUCH INSTITUTION OF HIGHER EDUCATION IF:
   (I) THE INDIVIDUAL RECEIVES ANY FORM OF DIRECT COMPENSATION, INCLUDING
 GRANT-IN-AID, FROM THE INSTITUTION OF HIGHER EDUCATION; AND
   (II)  ANY  TERMS  OR  CONDITIONS  OF SUCH COMPENSATION REQUIRE PARTIC-
 IPATION IN AN INTERCOLLEGIATE SPORT.
   § 6. Section 701 of the labor law is amended by adding a new  subdivi-
 sion 13 to read as follows:
   13.  THE TERM "GRANT-IN-AID" MEANS A SCHOLARSHIP, GRANT, OR OTHER FORM
 OF FINANCIAL ASSISTANCE THAT IS PROVIDED BY  AN  INSTITUTION  OF  HIGHER
 EDUCATION  TO AN INDIVIDUAL FOR THE INDIVIDUAL'S UNDERGRADUATE OR GRADU-
 ATE COURSE OF STUDY.
   § 7. Nothing in this act, or any rule or regulation promulgated pursu-
 ant to authority granted by this act, shall:
   (a) cause any type of direct compensation described in section 2(3) of
 the National Labor Relations Act (29 U.S.C. 152(3)) that was not  previ-
 ously  treated as income for which a tax may be imposed under the Inter-
 nal Revenue Code of 1986 to become a type  of  direct  compensation  for
 which a tax may be imposed under the New York state tax law;
   (b)  cause  any  individual to be treated as an employee, or cause any
 amounts received by an individual to be treated as wages,  for  purposes
 of  any  provision  in the New York state tax law relating to employment
 taxes or the withholding of taxes by an employer if such  individual  or
 amounts would not otherwise be so treated;
   (c)  affect  the treatment of qualified scholarships under section 117
 of the Internal Revenue Code of 1986; or
   (d)  otherwise  affect  the  treatment  of  any  direct   compensation
 described  in  such  section 2(3) in determining income, including gross
 income or adjusted gross income, for purposes of -
   (i) reporting requirements under the New York state tax law; or
   (ii) determining eligibility for any form of state  financial  assist-
 ance available to student athletes.
   §  8. Severability. If any provision of this act or the application of
 such provision or amendment to any person or circumstance is held to  be
 invalid  or unconstitutional, the remainder of this act and the applica-
 tion of the provision or amendment to any other person or  circumstance,
 shall not be affected.
   §  9.  This act shall take effect immediately; provided, however, that
 this act shall be deemed repealed if any federal  agency  determines  in
 writing that this act would render New York state or any student athlete
 ineligible  for  the  receipt of federal funds or any court of competent
 jurisdiction finally determines that this  act  would  render  New  York
 state  out  of  compliance  with  federal  law  or  regulation provided,
 S. 4760                             4

 further, that the commissioner of labor  shall  notify  the  legislative
 bill  drafting  commission  upon the occurrence of such determination in
 order that the commission may maintain an accurate and timely  effective
 data  base  of the official text of the laws of the state of New York in
 furtherance of effectuating the provisions of section 44 of the legisla-
 tive law and section 70-b of the public officers law.   Effective  imme-
 diately, the addition, amendment and/or repeal of any rule or regulation
 necessary  for  the implementation of this act on its effective date are
 authorized to be made and completed on or before such effective date.

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Senate Bill S4760

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Sponsored By

Jamaal T. Bailey