Doesn't really have the authority to determine if an athlete is or is not an "employee". That's under the jurisdiction of the IRS. Sections 98-110 do mention that this doesn't mean that they are "employees" under this law. That isn't quite how it works. It would not surprise me if that part gets challenged in coming years, because if the school is pressuring the athletes to do an NIL contract, and how to do the NIL contract, they could get reclassified as employees. The main reason this is an important distinction, is that the athletes are responsible for the 15% self employment taxes, but if the schools are found to be in violation of IRS regulations, they would be forced to pay all of the social security/medicare backtaxes(half of the 15%). And pay minimum wage. It'll be very important for the schools, coaching staff, and everyone else involved to be careful not to cross the line between contractor and employee