EDITOR’S NOTE: This article initially appeared in Sports Business Journal. Constangy represents the National Collegiate Athletic Association in Johnson v. NCAA, where student athletes allege they should be considered employees for purposes of the Fair Labor Standards Act and state analogs.

(EDITOR’S NOTE: A version of this article was initially published on Forbes.com.)

Swing and a miss.

The players say, “No thanks.”

Don't count on it.

I hope this won't ruin your Labor Day weekend.

Here’s the rundown on the likely candidates.

Whom does the union represent?

That's a good thing.

Who can negotiate on his behalf?

The non-statutory labor exemption might help some employers.