By Coley Hungate
The National Labor Relations Act provides substantial legal protections for employees to organize, collectively bargain, and engage in concerted activity for mutual benefit. Section 2(3) of the Act, however, explicitly excludes independent contractors from NLRA coverage. This regime enables employers to strategically misclassify workers as independent contractors, rather than as statutory employees, thereby denying them the Act’s protections.
The Association of Tennis Professionals has exploited this gap in coverage since it became the sport’s governing body in the 1990s. While the ATP holds itself out as a professional association composed of independent contractors, this Note argues that professional tennis players should be legally classified as employees of the ATP under the NLRA.
Part I outlines the history of professional tennis, the modern ATP Tour regime, and the labor law framework that applies to independent contractors. Part II applies the NLRB’s test for independent contractors to professional tennis players and argues that players should be considered statutory employees of the ATP. Part III addresses how NLRA coverage would allow ATP players to engage in collective action and bargain for the work conditions they actually want without fear of repercussion.