{"id":232,"date":"2006-03-03T17:04:33","date_gmt":"2006-03-03T23:04:33","guid":{"rendered":""},"modified":"2015-03-27T11:31:26","modified_gmt":"2015-03-27T16:31:26","slug":"age-requirement-in-professional-sport","status":"publish","type":"post","link":"https:\/\/thesportjournal.org\/article\/age-requirement-in-professional-sport\/","title":{"rendered":"Age Requirement in Professional Sport"},"content":{"rendered":"
Submitted by: Greg Bianchi<\/div>\n

Introduction<\/p>\n

Young athletes should be able to turn pro so that they can make money.
\nThis allows them to take care of themselves and their families. In October
\n2005, 15 year old golfer Michelle Wie turned pro Young basketball players
\nwho have recently made the direct leap from high school to the NBA include
\nLeBron James, Dwight Howard, Korleone Young, and DeSagana Diop.. These
\nathletes were all able to take early advantage of their talents. Their
\nexceptional abilities enabled them to jump from high school directly to
\nthe professional ranks, and to enjoy monetary gains through which they
\ncould better their lives and the lives of their families.<\/p>\n

<\/p>\n

The NFL age requirement bars young football players from turning pro
\nright after high school. This NFL rule withstood court challenge in 2004.
\nThe NFL and NCAA claim that the NFL age requirement protects young athletes
\nby shielding them from physical injury and requiring them to mature emotionally
\nand receive an education before entering the world of professional sports.
\nIn fact, the NFL and NCAA are capitalizing on young athletes’ entertainment
\nvalue and turning a profit for three years, without compensating the “performers”.<\/p>\n

The higher courts should not treat the NFL age requirement as a valid
\neligibility requirement under U.S. labor law. Rather, they should side
\nwith the lower court, which found that this age requirement violates antitrust
\nlaw. The NFL and NCAA are the only game in town for young football players.
\nAs the case of Maurice Clarett demonstrates, a football player who is
\nshut out of the NCAA and NFL is effectively prevented from pursuing a
\ncareer as a professional football player. It would be one thing for the
\nNFL to establish eligibility requirements that really were in the best
\ninterests of young players and the sport of football. However, the current
\nage requirement exists solely so that two powerful sports organizations,
\nthe NCAA and the NFL may benefit. . The NFL benefits because they have
\nused the collegiate ranks as a free farm system to develop future prospects
\nfor the league. During this developmental period for the collegiate athlete,
\nthe NCAA capitalizes on marketing the rising stars potential to make it
\nbig in the NFL. Given these financial interests, it appears that the NCAA
\nand NFL have set age requirements in order to prevent young athletes from
\nprofiting financially from their talents until they have served as an
\nunpaid source of marketable entertainment source for the NCAA and NFL.<\/p>\n

Age requirements in professional football do not benefit young athletes,
\nnor do they improve the sport itself. They exist solely so that two powerful
\nand profitable athletic organizations can turn a profit, at the expense
\nof the athletes, the very individuals the NCAA was established to protect.
\nNFL age eligibility requirements should be struck down.<\/p>\n

The NFL Eligibility Requirements<\/p>\n

NFL rule requires a player to either be out of high school for three
\nyears or have finished three college football seasons before joining the
\nleague. (Lupica, M. 2004) The NFL is the only major professional sport
\nthat prohibits the drafting of players who have not completed three college
\nseasons or who are not three years removed from high school graduation
\n(Gehring, 2004; Nieporent 2004). The NFL claims that this rule is in the
\nathlete’s best interest. The NFL argues that this rule protects player\u2019s
\nphysical safety. However, the NFL and the NCAA benefit by capitalizing
\non amateur athletes<\/p>\n

The NCAA Eligibility Requirements<\/p>\n

The NCAA rule book states that once an individual declares themselves
\neligible for draft status, they automatically loss loose amateur status
\nin the particular sport.<\/p>\n

Other Sports Eligibility<\/p>\n

Before the National Basketball Association collective bargaining agreement
\nof 2005, the minimum drafting age for the NBA was 18 years old. The LPGA,
\nNHL and PGA have a waiver option for athletes who are younger than 18,
\nwhich enables athletes an opportunity to turn pro before the age of 18
\nif they fulfill certain requirements. They have a minimum age requirement
\nof 18 years. Major League Baseball requires athletes to be 16 years of
\nage to tryout for farm teams. Tennis has been more lenient about teen
\nplayers, although they limit the number of events they can enter. FIFA
\nand the U.S. National Soccer team do not any have specific age requirements
\nfor their athletes. (USA Today 2003)<\/p>\n

Who Should Enforce Age Requirements<\/p>\n

Organizations have justified why age requirements are necessary in professional
\nsports. These young athletes gain enormous notoriety due to media portraying
\nthem as superhuman. When negative incidents occur, the media is there
\nto cover the athletes\u2019 story. The people operating professional
\nsports assume one way to avert problems is to have age requirements. In
\nthe past, many talented high school athletes made the jump to professional
\nranks for monetary gain. Athletes such as Tara Lipinski, Lebron James,
\nand Oscar de La Hoya possess physical talents that supersede their social
\nand emotional maturity. (Toronto Star, 2005) One assumption about these
\npublic figures is that they have been given too much, too young. When
\nproblems arise, such as the Kobe Bryant or Mike Tyson rape cases, one
\nmay question their perception of reality. These talented young athletes
\nhave been forced to rely on the recognition gained from their athletic
\ntalents, which leads them to perceive a false sense of reality. It is
\nalso argued that the rapid jump from high school to the professional level
\ncreates athletes that lack self control and who think they are invincible.
\nThe Kobe Bryant rape case or one of the many Mike Tyson cases and accusations
\nare only a few examples of a young athlete with enormous star potential
\nthat flailed under these false pretenses. The NFL states that having an
\nage requirement would help to prevent inappropriate situations for promising
\nyoung athletes due to lack of social development and maturity.<\/p>\n

The government has set standards for minors to be employed only with
\nwritten parental consent under the age of 16. Should guidelines be set
\nby the government to control eligibility requirements for employment in
\nprofessional sports? Legislation has already stepped in to regulate drug
\ntesting for steroids in baseball. Legislative control of drugs in baseball
\nhas occurred because the government felt not enough has been done to regulate
\nsteroid use in professional sports. They state that the problem lies with
\nthe organizations controlling the sport professions. (Guthrie, 2004; Talev,
\nM. 2005)<\/p>\n

The Problems with Age Requirements<\/p>\n

The focus continues to benefit the organization. Little benefit has been
\nseen outside the organization. A few athletically gifted players who do
\nnot have the academic abilities required to play in college have less
\nchances to play professionally. The age requirement would force young
\nstud athletes to wait a year or two before being drafted or trying out
\nfor a professional team. Another issue with age requirements is the role
\nof the unethical agent looking to capitalize on the abandoned year of
\nan unfortunate athlete looking to capitalize on their talents. (Williams,
\n2001)<\/p>\n

Players not able to Cash in on their Talents<\/p>\n

The biggest area of concern for the college athlete is the potential
\nfor a career-ending injury occurring before they are able to cash in on
\nthe monetary value of their talents. The possibility of being hurt while
\nplaying in minor leagues or college is of great concern. The athletes
\ndo not make enough money in the minor leagues, and if they have a career
\nending injury they may be unable to support themselves and their family
\nbecause they have no other training to fall back on. Also, financial compensation
\nfor their injury may not be made available to them. In a collegiate athlete\u2019s
\ncase, no money is paid to financially sustain themselves or their families.
\nThe NCAA continues to ignore the student athletes, who\u2019se careers
\nareis cut short by injury, barring them from possible professional monetary
\ngains. (Huma, 2002; Hayden, 2001)<\/p>\n

Literature Review<\/p>\n

The Labor Law<\/p>\n

The National Labor Relations Act of 1935 is the law that governs interstate
\ncommerce. This includes the labor relationships between professional athletes
\nand teams (Bohlander, G., & Snell, S.2001; Resnick). Section 7 of
\nthe National Labor Relations Act states: \u201cEmployees have the right
\nto self-organization, to form, join, or assist labor organizations, to
\nbargain collectively through representatives of their own choosing, and
\nto engage in concerted activities, for the purpose of collective bargaining
\nor other mutual aid or protection, and shall also have the right to refrain
\nfrom any or all such activities except to the extent that such right may
\nbe affected by an agreement requiring membership in labor organization
\nas a condition of employment.\u201d (Bohlander, G., & Snell, S. 2001;
\nResnick 2005)<\/p>\n

Child entertainment laws in many of the states throughout the United
\nStates require that the minimum age for minors to have work permits and
\nletters of release is 16 years of age. Out of 50 states, only four have
\nlabor laws that specifically state that anyone under the age of 18 needs
\na work permit. 31 states have laws that regulate minors working for entertainment
\npurposes, of those, 24 of these states have required an age limit for
\nminors to possess work permits.<\/p>\n

Government Age Standards for Agriculture Employment<\/p>\n

The U.S. government has set guidelines for the minimum age standards
\nfor agriculture employment. Children under the age of 12 may work depending
\non the prescribed conditions of the harvest. (Child Labor Requirements
\n1984) Employment is allowed if they are working at their permanent residence
\nunder parental or guardian approval. \u201cTwelve and thirteen year olds
\nmay be employed with a written consent by the parental consent or a farm
\nwhere the minor\u2019s parent or person standing in place of the parent
\nis also employed.\u201d (Child Labor Requirements 1984) Fourteen year
\nolds seeking employment may be employed if they work around school hours
\nand are in no agricultural hazard declared by the Secretary of Labor.
\n(Child Labor Requirements 1984; Siddiqi, Faraaz; Patrinos, H.A.1997) Sixteen
\nyears of age is the minimum age requirement for agricultural employment.
\nSixteen year olds may work around school hours unless employed by their
\nparent or person standing in as their parent. (Child Labor Requirements
\n1984) The minor may work in any agricultural hazardous condition declared
\nby the Secretary of Labor. (Siddiqi, Faraaz; Patrinos, H.A.1997)<\/p>\n

Written law by the Secretary of Labor enables minors to perform manual
\nlabor for wages. These laws set guidelines that allow minors to be employed
\nand perform physical labor for pay. Laws are set according to age for
\nminors to perform physical labor for pay. Professional sports are just
\nas physically demanding as manual labor, yet young athletes, unlike young
\nlaborers the same age are not able to capitalize on their work. A talented
\n15 year old that plays golf well may not play professionally because of
\nthe organizational standards. These same minors are unable to capitalize
\non their athletic abilities despite the fact that it is within the confine
\nof the law. Corporate institutions have the ability to control and direct
\nminors through stages that allow minors to develop into professional athletes.
\nFor example, the NFL uses the NCAA system to determine who is best qualified
\nfor the professional ranks. The NCAA is the organization that sets rules
\nand restrictions of what athletes can and cannot do. (Huma, 2002)<\/p>\n

Definition of Professional Sports<\/p>\n

The difference between amateur and professional athletes is that professional
\nathletes receive payment for their employment, where amateurs do not.
\n(Bohlander, G., & Snell, S. 2001) The system of professional sports
\nis a high performance work system. Athletes are placed in unique performance
\nsystems that hone their skills, which enable them to achieve higher playing
\nlevels. As athletes hone their skill and continue performing at a high
\nlevel, the organization builds their business from the success gained
\nby their sports teams.<\/p>\n

The NCAA<\/p>\n

The NCAA is a governing body that oversees amateur athletic participation
\nin its member colleges and universities. Its original purpose was to maintain
\neducational integrity for athletes and to protect their interests regarding
\ninjuries from sport. Others I have thought it was originally formed to
\nregulate safety in college football. Several players were being killed
\nand there was a movement to ban the sports. Theodore Roosevelt, having
\nhad football players on his team of \u201cRough Riders\u201d during
\nthe Spanish-American War, wanted to save the game so he called for formation
\nof the NCAA. (Hawes, K. (1999) Student athletes generate billions of dollars
\nfor the universities and the NCAA year after year. Yet these same athletes
\nare left without the financial gains accumulated by the universities and
\nthe NCAA. Athletes that participate in division I university athletics
\nare compensated with an athletic scholarship. The problem is that athletic
\nscholarships do not cover the full cost of going to school, thus leaving
\nthe student athletes looking for employment while participating in sports
\nand going to school fulltime (Huma, 2002) Scholarship athletes are only
\nallowed to make limited amounts of money while participating in collegiate
\nsports.<\/p>\n

The NCAA reaffirms the universities contention that collegiate athletes
\nremain as amateur athletes. Both the NCAA and the universities maintain
\nthe stance that student athletes are not employees of the universities
\nor the NCAA. The NCAA and the universities contend that an education is
\nsomething that is invaluable; therefore, they are receiving worthy compensation
\nfor participation in athletics. The NCAA argues that scholarships provide
\nathletes with a \u201cfree education\u201d which is an invaluable payment
\nfor their services. While no one can deny the value of an education, this
\nfrees the NCAA and universities from paying a wage or salary (Sage 1998)<\/p>\n

The athletic scholarship is a work contract that claims the rights of
\nownership of the athletes for the university. The school (coach) owns
\nthe athletes. (Sage 1998) Universities and the NCAA contend that they
\nconduct their business separately from student athletes, despite the working
\nrelationships contracted between the student athletes and the universities.
\nUniversities claim their business is to provide an academic education
\nto the students. The business of athletics is not essential to their purpose
\nof providing an education. (Huma, 2002; Hayden 2001) Within the past 15
\nyears, the NCAA business decisions stray from their original purpose to
\nbenefit student athletes. Former NCAA executive director Walter Byers
\nstates that intercollegiate athletics is similar to the values of modern
\ncorporations or professional sports than the basic values of amateurism.
\n(Sage, G.H.1998)<\/p>\n

The NCAA original concept was to protect student athletes from injuries
\nstemming from football and other sports (Huma, 2002) The NCAA created
\ncoaching clinics that informed coaches how to protect the athletes. Currently,
\nthe NCAA does not have safety guidelines for practices to be correctly
\nadministered to prevent injuries or death. (Huma, 2002; Hayden 2001) The
\nother problem is that NCAA does not provide workers compensation for athletes
\nwho are injured while participating in athletics for universities. Coaches
\nhave designated practices that are termed voluntary, but it is known that
\nlack of participation will result in the sacrifice of the student-athlete.(Huma,
\n2002) The NCAA continues to abandon athletes who are injured in so called
\n\u2018voluntary\u2019 practices. (Huma, 2002; Hayden 2001) In order
\nfor a student-athlete to qualify for workers’ compensation, they must
\nmeet two requirements: (1) the student-athlete must be covered and (2)
\nthe student-athlete must have been acting within the scope of his\/her
\nemployment when he\/she was injured or killed. (Huma, 2002; Hayden, C.
\n2001) Courts have been at odds dealing with the employer\/employee relationships
\nbetween the universities and student athletes. Courts have received criticism
\nfor not taking a definitive stand regarding the employer\/employee relationship
\nbetween the university and the student athletes. Previous court decisions
\nrelating to monetary compensations for athletes whom have sustained career
\nending injuries have not dealt with this problem. (Hayden 2001) If an
\nathlete were fatally injured, the NCAA does compensate the athlete\u2019s
\nfamily with a $10,000 award. Courts refused to define the role of the
\nstudent athlete and their financial importance to the universities and
\nthe NCAA. Universities and the NCAA continue to exploit collegiate athletes
\nfor their financial benefit. Huma states that collegiate athletes only
\nreceive a partial \u2018full scholarship\u2019, with the inability to
\nearn money from other employment, and no work compensation if severely
\nor fatally injured. This puts the athletes at great risk. Some of these
\ntalented athletes risk a chance of generating millions of dollars for
\nthemselves.<\/p>\n

Unfair Labor Practices<\/p>\n

U.S. Congress has defined 5 unfair labor practices, three of which solely
\nrelate to professional sports.<\/p>\n