October 21, 2021

Volume XI, Number 294

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California Fair Pay to Play Act To Become Effective September 1, 2021

On August 31, 2021, Governor Newsom signed Senate Bill 26 (SB 26) which makes the provisions of the Fair Pay to Play Act (The Act) operative September 1, 2021, and makes the provisions applicable to the California Community Colleges.

The Act, which was passed in 2019, allows college athletes to secure endorsements and sponsorships without losing scholarship eligibility and will generally provide athletes control over the marketing of their names, images, and likenesses.

The Act was originally set to become effective on January 1, 2023. However, SB 26 was first introduced to expedite the effective date to January 1, 2022, or to coincide with the effective date of any specified NCAA bylaw changes as adopted by the NCAA Board of Governors, whichever occurred first. The bill was later amended when it became clear that NCAA bylaw changes would occur on September 1, 2021.

SB 26 is effective September 1, 2021 (instead of January 1, 2022) because the act was amended to be an “urgency statute” to ensure that California schools and athletes were not put at a disadvantage in light of other laws being passed in 2021 in other states.

Jackson Lewis P.C. © 2021National Law Review, Volume XI, Number 244
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About this Author

Benjamin A. Tulis, Employment, Benefits, Litigation Attorney, Jackson Lewis Law Firm
Associate

Benjamin Tulis is an Associate in the Los Angeles, California, office of Jackson Lewis P.C. His practice focuses on employment litigation, benefits litigation, transactions, and advice and counsel within the labor and employment law sector.

Mr. Tulis represents employers and individual defendants in a wide range of employment and labor matters, including wrongful termination, matters arising under ERISA, administrative matters, wage and hour class actions, and matters involving competition and restrictive covenants.

213-689-0404
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