Did you apply for a strength and conditioning coach position at an NCAA Division 1 FBS program? NCAA bylaws may have unlawfully restricted your employment, wages and other benefits. Contact us »
WHAT IS THE LAWSUIT VS. THE NCAA ABOUT?
Hagens Berman represents strength and conditioning coaches across all Division I Football Bowl Subdivision (FBS) programs who may have been harmed by anticompetitive bylaws enforced by the NCAA and its Power Five conferences – the Pac-12, Big Ten, Big Twelve, Southeastern and Atlantic Coast – in a class-action lawsuit. The lawsuit alleges that through a concerted effort, the parties have enacted “unlawful and anticompetitive agreements” that artificially limit the number of Division I FBS strength and conditioning coaches hired. This in turn suppresses competition for coaching talent, depresses compensation and eliminates employment opportunities that would otherwise exist, according to attorneys.
WHO IS AFFECTED BY THE LAWSUIT?
The lawsuit seeks to represent a class of all individuals who:
- applied for, are currently employed in or who will apply for a position as a strength and conditioning coach at a NCAA Division I FBS program, and
- who were denied employment or are subject to restrictions due to NCAA bylaws that cap, limit or restrict the total number of strength and conditioning coaches an FBS program may hire.
According to the lawsuit, hundreds of individuals have applied for these positions at the NCAA’s approximately 133 Division 1 FBS programs.
HOW ARE NCAA STRENGTH & CONDITIONING COACHES AFFECTED?
According to the lawsuit, the NCAA’s restriction artificially suppresses employment opportunities, depresses wages and limits competition for these specialized positions.
“There are no legitimate procompetitive justifications for the NCAA’s restriction on the number of strength and conditioning coaches that FBS football teams may employ,” the lawsuit states. “A cap on the number of coaches a school can hire does nothing to enhance competition among teams, improve the quality of the athletic product, or expand consumer choice; if anything, limiting the availability of qualified training staff degrades the development, safety, and on-field performance of student-athletes.
YOUR RIGHTS AS A COACH & EMPLOYEE
Hagens Berman believes the NCAA has placed artificial anticompetitive restrictions in this highly specialized area of employment. Bylaw 11.7.4.4 (“Limit on the Number of Strength and Conditioning Coaches -- Bowl Subdivision Football [FBS].”) states: In bowl subdivision football, not more than five strength and conditioning coaches are permitted to work with football student-athletes in any capacity, including all workouts (required and voluntary), practices and game-related activities.
“This artificial restraint prevents FBS schools from competing to offer additional employment opportunities to more football strength and conditioning coaches in accordance with what the open market would otherwise dictate,” the lawsuit states. “Absent this restraint, FBS schools would compete for strength and conditioning coaching talent in the same way they compete for talent in other football coaching positions—by hiring additional qualified individuals.”
TOP COLLEGE ATHLETE LAW FIRM
Hagens Berman has a proven track record of successfully bringing lawsuits against the NCAA on behalf of college athletes, and our cases cover a range of injustices faced by NCAA players across all sports:
- $22.78 billion settlement against the NCAA concerning antitrust-related college athlete name, image and likeness rights
- $208 million settlement against the NCAA concerning antitrust-related student scholarship limits
- $60 million in combined settlements against Electronic Arts and the NCAA regarding player likeness rights in videogames
- $75 million settlement value regarding concussions and safety protocols
Additionally, the firm’s success in employment litigation has secured monumental settlements and injunctive relief in various areas of highly competitive and specialized fields.
The lawsuit aims to put a permanent end to the NCAA’s bylaws affecting the hiring of strength and conditioning coaches at FBS programs.
NO COST TO YOU
Class members will never be asked to pay any out-of-pocket sum. If Hagens Berman or any other firm obtains a settlement providing benefits to class members, the court will determine a reasonable fee to be awarded to the class’s legal team.
