-They are only non-employees so long as the courts rule they are not employees, which has not been fully established and the topic of multiple current lawsuits. Students and interns are also not considered employees under the FLSA in most circumstances, but there are several factors that can determine if they should be considered employees. Up until now courts have narrowly ruled on the matter siding with the NCAA, but most recent rulings show that might not be the case if you get it to higher courts.
- 2 things about non-competes.
1. That's what the entire antitrust issue is about. The schools would be free to set their own rules on transfers, but the NCAA restricts them from doing so. The NCAA doesn't run the conferences or the schools, they are a governing body over an entire industry.
2. Non-competes are not legal in some states and heavily restricted in most states. Crossing state lines is sometimes enough for courts to throw out a non-compete.
- Professional sports teams get away with it because courts generally rely on the power of a players' union and collective bargaining.