By Eric Mann |
A federal judge in Pennsylvania has dismissed a lawsuit against the NCAA and 19 universities filed by a former Villanova University football player over claims he should have been paid for his time as a scholarship athlete.
Former Villanova wide receiver Lawrence “Poppy” Livers brought suit against the NCAA, Villanova and 18 other universities in September 2017 alleging that they violated the minimum wage provision of the Fair Labor Standards Act (FLSA) by not paying him and other scholarship athletes.
The court found that the statute of limitations had passed, as Livers had not played for Villanova within two years of the lawsuit being filed. The court also found that Livers did not have standing to bring a claim against schools he did not attend, and thus could not reasonably claim he was an “employee” of said institutions. Finally, the court found that Livers did not adequately prove there was a “business relationship” between himself and the NCAA, Villanova or the other schools.
The allegations against the NCAA and Villanova were dismissed by the court without prejudice, meaning they could be amended and refiled. However, the court dismissed the remaining allegations against the 18 other universities with prejudice.
Eric Mann is the communications assistant at the United States Sports Academy.