Former college student-athletes Gillian Berger and Taylor Hennig lost their lawsuit against the University of Pennsylvania to be compensated as employees. Judge Kanne based his ruling on the "tradition of amateurism" of college-athletes, as well as the fact that there was no expectation of employment. Berger and Hennig's attorney has since responded that the so called "employer-defined amateurism rule" does not exist in any law. In 2015, there were numerous attempts for student-athletes, particularly football players, to be given legal status as employees of universities.
See "NCAA, Penn Within Bounds in Not Paying Student-Athletes", Jon Steingart, Bloomberg BNA, December 8, 2016