Signed Before 18: The Legal and Ethical Implications of Teen Athletes Signing with Professional Sports Teams

Most recently in January 2025, the Los Angeles Dodgers signed 17-year-old Andrés Luna Román and 14-year-old Ezequiel Rivera Velarde over the 2024 summer. Velarde’s signing in particular sparked public debate over the legality and implications of such signings. While signing with a professional sports team as a teenager can present life-changing opportunities for an athlete and their community, there are also ethical, financial, and legal consequences to signing athletes under the age of 18. While minors signing professional contracts is nothing new, litigation on the issue has evolved. This article examines antitrust claims filed by young athletes challenging age restrictions in professional leagues and offers legal and ethical insights for sports professionals navigating the growing trend of early talent acquisition.

I.               Existing Regulations for Teen Athletes in Professional Sports

Fair Labor Standards Act (FLSA) Exemptions

The Fair Labor Standards Act (FLSA) aims to protect workers through provisions regarding minimum wage, overtime, and prohibitions on child labor.[2] Section 212, which governs child labor, ensures that employment does not jeopardize a minor’s health, well-being, or education.[3] Under the FLSA, a minor under sixteen cannot work more than eight hours a day when school is not in session or three hours a day when school is in session.[4] However, Section 212 makes no mention of minor athletes in professional sports, and athletes are not exempt under the FLSA.[5] The closest regulatory guidance for the employment of teen athletes stems from child entertainment laws, which exist at both the federal and state level and allow for exceptions under Section 213 of the FLSA in industries like films, radio, and television, recognizing the need for flexibility in work hours for minor entertainers.[6]

While professional sports teams are subject to the FLSA, limited legal discussion exists on how Section 212 applies to teen athletes under professional sports contracts. In the 2016 case Berger v. National Collegiate Athletic Ass’n, the federal district court in Indiana, deciding an issue of first impression, ruled that the FLSA did not apply to college athletes. However, in the 2024 case Johnson v. NCAA, the United States Court of Appeals for the Third Circuit held that college athletes could not be barred from bringing FLSA claims. The Court remanded the case to the lower court to determine whether student athletes can be considered as employees under the FLSA. While litigation on this issue continues, the NCAA litigation is distinct from teen athletes signing as employees for professional teams. Several states, such as California and New York, have incorporated minor athletes into the FLSA’s entertainer exemption allowing teen athletes to enter professional contracts if court-approved.[7]

State Laws and Contract Law Principles Regulating Agreements with Teen Athletes

Under common law, minors generally lack the legal capacity to enter binding contracts.[8] Therefore, contracts with minors can be disaffirmed or voided at the minor’s option without legal consequence up until their 18th birthday.[9] This principle is designed to protect minors from exploitation and from entering imprudent commitments. As a result, leagues generally require parental consent or for a legal guardian to co-sign contracts for minor athletes, but in California, the contract must be court-approved in order to be enforceable.[10]

California’s “Coogan’s Law” mandates court approval for contracts with minors in entertainment and sports to avoid future disputes over enforceability.[11] Requiring court approval safeguards the minor’s financial interests, ensuring that earnings are protected in a trust until the athlete reaches adulthood. The law was originally designed to protect child actors rather than athletes, and there are currently only ten other states that have enacted similar versions of Coogan’s Law that apply to athletes: Florida, Illinois, Kansas, Louisiana, Nevada, New Mexico, New York, North Carolina, Pennsylvania, and Tennessee.[12] While Coogan’s Law offers a legal safeguard, its limited applicability in only a few states underscores the lack of a uniform national standard for protecting teen athletes in professional contracts—leaving the enforceability of such agreements largely dependent on league policies and CBAs.

While federal law sets the minimum working age at 14, professional sports leagues establish their own age requirements through collective bargaining agreements (CBAs).[13] Most leagues require athletes to be at least 18, but some exceptions exist. Major League Soccer (MLS) has no age restrictions. The National Football League (NFL) requires players to be three years removed from high school. The National Basketball Association (NBA) mandates that players be 19 and have graduated from high school. Major League Baseball (MLB) generally requires U.S. players to be at least 17 and international recruits to be at least 16. Yet, recent litigation challenging age rules and the lack of uniformity in the U.S. is transforming the way young athletes start their professional careers, presenting risks and opportunities for the early acquisition of athletic talent.

Clarett v. NFL and Antitrust Law Analysis (2004)

In Clarett v. NFL (2004), Maurice Clarett, a former Ohio State running back, challenged the NFL’s age rule, which prevented players from entering the draft until they were three years removed from high school. Clarett argued that this rule violated Section 1 of the Sherman Act by unreasonably restraining his competition in the labor market.

However, the NFL defended its rule under the non-statutory labor exemption, arguing that it was a CBA provision designed to protect player safety and maintain competition quality. The Second Circuit ruled in favor of the NFL, holding that the non-statutory labor exemption applied because the age rule was negotiated as part of the CBA. This decision reinforced the NFL’s ability to regulate employment conditions without violating antitrust laws.

O.M. v. Nat’l Women’s Soccer League, LLC and Gender Equity Analysis (2021)

In O.M. v. Nat’l Women’s Soccer League (2021), 15-year-old Olivia Moultrie challenged the NWSL’s age rule prohibiting athletes under 18 from signing professional contracts. She argued that the restriction unlawfully limited competition under Section 1 of the Sherman Act, and Moultrie also claimed the age rule unfairly discriminated against female athletes compared to MLS, which has no age restrictions for male athletes. The NWSL countered that the rule was necessary to comply with child labor laws and the Safe Sport Act. The Court sided with Moultrie, issuing a temporary restraining order against the NWSL and allowing her to sign with the Portland Thorns. The Court held that Moultrie had a strong chance of success on her Sherman Act claim, noting that the age restriction was arbitrary and lacked sufficient procompetitive justification.

The Ninth Circuit’s ruling differed from the Second Circuit’s analysis in Clarett v. NFL with the distinguishing factors being the Court’s rejection of NWSL’s classification as a single entity, the gender equality issues presented, and the absence of a finalized CBA at the time of litigation. In early 2022, the NWSL and its Players’ Association ratified the league’s first CBA, which omitted age restrictions, enabling more teen athletes to sign professionally. The Moultrie case ultimately set the stage for 15-year-old Melanie Barcenas to join the San Diego Wave in 2023.

II.             Legal and Ethical Implications of Early Drafting on Youth Outcomes

While mechanisms exist to recruit and contract teen athletes, concerns about their physical, mental, and social development persist. Adolescent development research indicates that young athletes face increased risks of injury and burnout when engaged in high-intensity professional training before full physical maturity.[14] Mental pressures, social media scrutiny, and the already short career span of pro athletes further complicate early professionalization.[15]

The recruitment of international teen athletes by U.S. teams, particularly in MLB, highlights additional complexities. MLB, unlike other leagues, benefits from an antitrust exemption—originally granted in Fed. Baseball Club of Balt. v. Nat’l League (1922) and reaffirmed in Flood v. Kuhn (1972)—which allows MLB to set unique standards for player recruitment, including signing international minors. MLB’s practices in contracting young athletes have faced criticism, particularly regarding minors from economically disadvantaged backgrounds in Latin America.[16] The recruitment system has led to cases where teen athletes were left without adequate support when their contracts fell through, underscoring the legal and ethical implications of early recruitment without proper safeguards, academic supports, and regulations centering the young athlete’s well-being and long-term success.[17]

Currently, best practices for supporting teen athletes at the professional level are not uniform across leagues or teams, and the infrastructure is still evolving. However, some teams have established policies and support systems that could serve as valuable models in developing national standards. These standards would help ensure that contracts comply with the FLSA and benefit the longevity of young athletes’ careers, while also aligning with the interests of professional teams.

1. Informed Parental Consent

Given that minors lack the legal capacity to enter into binding contracts, securing informed consent from both the athlete and their legal guardians is essential. This process involves clearly explaining all contract terms, potential risks, and long-term implications in a manner that is understandable to both the young athlete and their guardians. For instance, the U.S. Center for SafeSport mandates that parental consent is obtained prior to minor athletes participating in training programs, ensuring that guardians are fully aware of and agree to the conditions under which their children will operate.

Similarly, the United States Tennis Association (USTA) requires advance written consent from a minor’s legal guardian for any meetings between health professionals and minor athletes, emphasizing the necessity of parental involvement and supervision in decisions affecting the young athlete’s welfare. By implementing such practices, professional teams can respect the autonomy of young athletes while ensuring their families are fully informed and agreeable to the commitments being made.

2. Players’ Holistic Welfare

Leagues are increasingly recognizing the importance of supporting the holistic welfare of their teen athletes by implementing comprehensive programs that address both their athletic and personal development. Established in 2016, the NBA Academy is a global basketball development initiative tailored for high school prospects. The program offers comprehensive support, including education, housing, and mentorship, to ensure the athletes’ overall development. Outside of professional contracts, the NBA has published Youth Basketball Guidelines to set a national standard for practice structures to help foster player welfare, age-and stage-appropriate skill development, and injury prevention strategies to combat burnout in young athletes.

The NWSL has also instituted the Under-18 Entry Mechanism to integrate young talent responsibly. This policy permits teams to sign up to four players under 18, with specific provisions and compliance plans to safeguard their well-being. Additionally, contracts must extend through the season in which the player turns 18, and teams are required to provide appropriate support systems, including mental health resources and educational accommodations. By following this policy, teams can help ensure that young athletes develop sustainably as professionals and as individuals throughout their careers.

3. Educational Considerations and Fallout Prevention

Balancing professional sports with long-term educational and financial stability is essential for teen athletes. Without structured support, young players risk losing career opportunities if their contracts are terminated or their athletic careers do not progress as expected. To prevent these issues, proactive systems that support both professional development and career transitions are important.

The NBA’s Rookie Transition Program provides a strong model, offering financial management workshops, media training, and mental health counseling to help players navigate professional sports. Over time, it has evolved to include entrepreneurship, cryptocurrency, and social media branding, ensuring athletes are equipped for financial stability beyond basketball. Similarly, the NWSL’s Beyond the Field Program provides resources to help players build careers beyond soccer, reinforcing the league’s commitment to long-term player success.

Expanding these programs across professional leagues and teams that sign minor athletes would provide critical career guidance and financial education to prevent fall out. Ensuring that young players, both domestic and international recruits, receive structured transition planning, financial literacy, and access to continued education will likely create a more sustainable model for teen athletes to promote their long-term success.

III.             Conclusion

Sports professionals, lawyers, agents, and leaders who work with minors navigating this evolving landscape must consider not only contract enforceability but also adolescent development, equitable treatment, and compliance with U.S. and international labor standards. While courts generally uphold contracts benefiting minors, additional safeguards are necessary to support athletes bypassing collegiate development. Implementing structured education, family support, transparent contract terms, and fair compensation is critical to ensuring a sustainable and ethical approach to integrating teen athletes into professional sports.

The views expressed in this blog article are solely the author’s and do not reflect the views of any organization or entity. This blog does not constitute legal advice and is provided only for educational purposes. Readers should not act upon any information in this blog without seeking counsel from a licensed attorney in their jurisdiction.

[1] Under federal law, a minor is defined as “any person under the age of eighteen years.” 18 U.S. Code § 2256.

[2] Fair Labor Standards Act of 1938 (FLSA) (29 U.S.C. §201 et seq.).

[3] FLSA, 29 U.S.C. §212 (1938).

[4] Kacey McCann, Is Age Just a Number: The Intersection of the Fair Labor Standards Act and Professional

Sports, 29 Jeffrey S. Moorad Sports L.J. 393 (2022).

[5] Id.

[6] FLSA, 29 U.S.C. §213 (1938). See also Division of Fair Labor Standards Act and Child Labor. Child entertainment laws as of January 1, 2023. U.S. Department of Labor (2023).

[7] Kacey McCann, Is Age Just a Number: The Intersection of the Fair Labor Standards Act and Professional

Sports, 29 Jeffrey S. Moorad Sports L.J. 393 (2022).

[8] Larry Cunningham, A Question of Capacity: Towards a Comprehensive and Consistent Vision of Children and their Status under Law, 10 UC Davis J. Juv. L. & Pol’y (2006); Restatement (Second) of Contracts §14 (Am. L. Inst. 1981); Victoria Slade, The Infancy Defense in the Modern Contract Age: A Useful Vestige, 34 Seattle U. L. Rev. 613, 614, 617 (2011).

[9] Id., (citing Cal. Fam. Code §6710).

[10] Berg v. Taylor, 148 Cal. App. 4th 809, 816 (2007).

[11] Richard J. Hunter, Jr. & John H. Shannon, Principles of Contract Law Applied To Entertainment and Sports Contracts: A Model For Balancing the Rights of the Industry With Protecting the Interests of Minors, 48 Loy. L.A. L. Rev. 1171, 1188 (2015).

[12] Id.

[13] FLSA (1938).

[14] N. Bank, C. Hecht, et al. Raising the Young Athlete: Training and Injury Prevention Strategies, Journal of the Pediatric Orthopedic Society of North America, Vol. 4, Issue 2, (2022).

[15] J.S. Brenner, M. LaBotz, et al. The Psychosocial Implications of Sport Specialization in Pediatric Athletes. Journal of Athletic Training; National Library of Medicine (2019).

[16] Nathaniel Grow, Defining the “Business of Baseball”: A Proposed Framework for Determining the Scope of Professional Baseball’s Antitrust Exemption, 44 U.C. Davis L. Rev. (2010).

[17] Id.