Overview
On November 18, 2024, Governor Mike DeWine signed Executive Order 2024-08D, which allows Ohio colleges and universities to “directly compensate” their college-athletes for name, image, and likeness (NIL). This order does not call for compensation to college-athletes for their time and skill, as if they were employees. The order also prohibits schools from using “funds allocated by the State of Ohio for such [NIL] compensation.” The order went into effect immediately.
NCAA Settlement and Legislative Support for Ohio State
This executive order comes in light of a proposed 2.7 billion settlement that the NCAA and several other athletic conferences have entered into for a variety of antitrust lawsuits. That agreement will also allow schools to directly pay their college athletes. Executive Order 2024-08D will last until the settlement goes into full operational effect.
In addition to executive action, Ohio’s legislative branch also offered support for the Buckeyes. On December 10, 2024, Ohio State Representative Josh Williams introduced the O.H.I.O. Sportsmanship Act. The proposed bill, H.B. No. 700, reads:
“No person shall plant a flagpole with a flag attached to it in the center of the football field at Ohio Stadium of the Ohio State University on the day of a college football competition, whether before, during, or after the competition.”
Violating the bill would constitute a fifth-degree felony. However, according to a local newspaper, Ohio House Speaker Jason Stephens remarked (pun intended or not) that “It’s not gonna have time to be passed, you know, this late in the game.”
Key Takeaways
College athletes can now be directly compensated for their NIL by Ohio colleges. Prior to this order, athletes could only be paid by third parties such as collectives or through sponsorships. Governor DeWine’s order opens the door for Ohio college-athletes to be considered employees of the colleges/universities they play for. This would require schools to provide benefits to college athletes, pay additional taxes, and cover insurance premiums for workers’ compensation.
If you have questions about the executive order or its potential impact on college sports, reach out to Samir Dahman (SBD@kjk.com; 614.427.5750).