The San Francisco 49ers are not required to pay wide receiver Brandon Aiyuk during his two-week roster exemption, according to specific rules outlined in the NFL Collective Bargaining Agreement. The unusual situation leaves Aiyuk on the team’s roster without receiving a game check for the time being, delaying his inevitable departure to free agency.
Roster Exemption Rules and Payment Delay
Aiyuk returned to the 49ers carrying a salary of $13.75 million for the remainder of the season. This financial figure initially suggested the team would release him by 4:00 p.m. ET on Tuesday to avoid paying him one-ninth of that total, amounting to $1.52 million for Week 10. However, Article 20, Section 4 of the Collective Bargaining Agreement provides an obscure wrinkle that changes the timeline.
The CBA provision states that if a club obtains a roster exemption for a player under contract who failed to report at least five days before the final day of preseason training camp, the player is not entitled to compensation until the exemption is lifted. This rule applies provided the player receives written notice upon reporting. Because the 49ers gave Aiyuk this required notice, they do not owe him any salary during the two-week exemption period.
This stipulation pushes the deadline for the 49ers to avoid owing Aiyuk a game check to Tuesday, November 24, which is one day after the roster exemption expires. Although Aiyuk is technically back on the team, he has been excused from team activities and is currently training on his own rather than reporting for work.
Strategic Delay on Release
The 49ers are holding off on cutting Aiyuk simply because they can, which postpones his passage through waivers and subsequent free agency by up to two weeks. The team could release him at any moment, and the delay appears designed to stall his ability to join another organization, punish the player, or a combination of both.
These circumstances indicate that Aiyuk was not reinstated by the league under any specific agreement with the 49ers that mandated an immediate release. It appears the NFL initially worked with the franchise to delay Aiyuk’s reinstatement from the reserve/left squad list to help the team recover bonus money, before ultimately determining that such a reinstatement cannot be stalled merely to serve a team’s strategic goals.
Ultimately, the 49ers will cut Aiyuk once the roster exemption expires. For now, the team is utilizing its power under the CBA to delay the inevitable move.
