Wednesday, November 4, 2026

‘It Could Not Have Gone Better’ For the Athletes: First Session of NCAA Athlete Employment Trial Concludes

  • For three days in L.A. labor court, the NLRB has considered whether USC football and basketball players should be reclassified as employees.
  • The business model of amateurism is at stake and, so far, the athlete advocacy side is pleased.
USC
Jonathan Hui-USA TODAY Sports

Want more from Front Office Sports
in your search results?

Add Front Office Sports on Google

The first session of a potentially earth-moving trial tied to college athlete employment status concluded on Wednesday in a labor court in Los Angeles.

The case was first filed with the National Labor Relations Board in 2022. The charging party, the National College Players Association, alleged that USC, the Pac-12, and the NCAA have misclassified USC football and basketball players as amateurs, rather than employees. 

If the NCPA prevails, it will not kill college sports. But it will kill the NCAA’s business model.

The NCAA's model of amateurism is on trial this week in labor court.

The NCAA’s Amateurism Model Is on Trial: Everything You Need To Know

A labor court in L.A. could reclassify some D-I athletes as employees.
December 18, 2023

After only three days of testimony, the NLRB, who is prosecuting the case on behalf of the NCPA, hasn’t yet rested its case, and the trial will resume in January. But so far, the athlete advocacy side is pleased. 

“It could not have gone better,” NCPA executive director Ramogi Huma said of his case.

Here’s everything you need to know: 

Inside the Courtroom

In a glorified conference room, there were a few rows of movable chairs behind desks for counsel, as well as an area for the judge and a court reporter to sit.

Just a handful of observers trickled in and out throughout the proceedings, and only a few  journalists attended throughout the three days. Most attendees were working the case: two lawyers for the NLRB, and at least nine brought by USC, the Pac-12, and the NCAA, including both in-house and outside counsel.  

Huma pointed out that the trial drew much less attendance than the 2014 Northwestern football player unionization case—even though this case could be just as impactful.

The Main Arguments

The NLRB’s lawyers opened by asserting that “an individual may be both a student and an employee of a university.” They also attacked the decades-old phrase of “student-athlete,” saying it “was created and has been perpetuated to deprive [college athletes] of workplace protections.”

Testimony and questioning focused on four main areas:

  • How much control USC, the Pac-12, and the NCAA exert over athletes
  • Whether athletes receive compensation from these entities
  • Whether college football and basketball are “extracurricular” 
  • Whether the voluntary nature of college sports means that activities aren’t employment

Former USC football walk-ons Miles “Kohl” Hollinquest and Brandon Outlaw testified that the school controlled much of their lives, from 60-hour schedules to weekly weigh-ins and hydration tests. This, the prosecutors suggested, contradicts the idea that big-time college football was merely “extracurricular.”

USC's lawyer referred to USC football and basketball as extracurricular activities.

USC’s Lawyer Calls Football and Basketball ‘Extracurricular Activities’

The NCAA’s amateurism model is on trial in L.A. labor court.
December 19, 2023

“If [USC strength] coach [Bennie] Wylie hands a kid a sandwich and says ‘eat this,’ I don’t think there’s a single guy that wouldn’t,” Outlaw said. If athletes didn’t follow these rules, they were subject to various forms of group punishment. 

Testimony from Hollinquest demonstrated compensation limits imposed on athletes by the school and NCAA. He received other acceptable perks, like a gift from the Pac-12 and gear and meal stipends from USC. But he was prohibited from profiting off of his own name, image, and likeness, given that he played before July 2021, when NIL rules were changed.

And while lawyers representing USC, the Pac-12, and the NCAA attempted in cross-examination to get the athletes to concede that playing college football is voluntary—to suggest that it isn’t employment—Outlaw specifically testified that he believes his current job at the XFL is also voluntary, but it’s still a job.

Cross-Examination

Ultimately, lawyers for USC, the Pac-12 and the NCAA all argued that college athletes are not employees. They attempted to establish that playing on a college football team was an educational experience that was more akin to playing high school and youth football—from practice schedules to free gear—than it was to employment. They also tried to show that the athletes in attendance joined their teams or enrolled at USC with the expectation of compensation.

But at times, lawyers for the NCAA, Pac-12, and USC appeared to contradict each other.

Even though USC’s lawyer called college football an “extracurricular activity” during opening arguments, for example, the NCAA’s lawyer engaged in a seemingly opposing line of questioning. That lawyer asked Outlaw whether he participated in any extracurricular activities at USC. His response was no.

What’s Next?

The next session will begin on Jan. 22 and run until Feb. 2. It will start with the NLRB calling adversarial witnesses and then will turn to the pro-amateurism side of the case.

If needed, the trial could continue in the final week of February, and there likely won’t be a ruling for several months afterward. It’s safe to assume that there will be a lengthy appeals process if the USC side loses.

Download the FOS App

The business of sports, in your pocket.

QR code to download the app

Scan the QR code to get the app now.

Linkedin
Whatsapp
Copy Link
Link Copied
Link Copied

What to Read

Apr 12, 2014; Tallahassee, FL, USA; The Florida State Seminoles logo before the start of the spring game at Doak Campbell Stadium. Mandatory Credit: Melina Vastola-USA TODAY Sports

Florida State’s Coach Search Puts Roster Budget in Focus

Portal planning is already underway ahead of the Jan. 4 window.

Multiple States Ban Transgender Athletes From Women’s Sports

Arizona and Nebraska passed measures banning transgender athletes from girls sports.

College Football TV Ratings Remain Down 11% Through October

Four games total have drawn an audience of 10 million or higher.
Voters were up bright and early to cast their votes at Belville Elementary School in Brunswick County Nov. 3, 2026.

College Sports Bill in Peril After Democrats Sweep Midterms

The Protect College Sports Act could drown in the blue wave.
podcast thumbnail mobile
Front Office Sports Today

11/4/26 – MLB Wants to Delay Salary Cap, WNBA Finals Record, What’s Next for ‘PTI’?

0:00

Featured Today

Pickering High School North

High School Athletic Directors Say They’re Running ‘Mini Colleges’

ADs are managing a growing list of demands from athletes and parents.
October 30, 2026

How Injuries Hit Pro Marathoners in the Wallet

Staying healthy can get expensive—quickly.
Football - NFL - Houston Texans v Jacksonville Jaguars - Wembley Stadium, London, Britain - October 18, 2026 The necklace of a Jacksonville Jaguars fan outside the stadium before the match
October 21, 2026

Die-Hard Sports Fandom Has Reached the Afterlife

Will fans pay $6,000 to memorialize their team loyalty?
October 20, 2026

Why Europe Is Pumping Out NBA Superstars

The NBA and NCAA have an increasingly European flavor.
October 15, 2026

College Flag Football Is Outgrowing Its DIY Era

Women have been building the college game themselves at the club level.

Syracuse AD Wants Basketball Powerhouse to Prioritize Football

Syracuse hosts Clemson this weekend with ACC Network’s pregame show in town.
Jan 19, 2026; Miami Gardens, FL, USA; ESPN personality Rece Davis interviews Indiana Hoosiers head coach Curt Cignetti after the College Football Playoff National Championship game against the Miami Hurricanes at Hard Rock Stadium. Mandatory Credit: Sam Navarro-Imagn Images
November 3, 2026

ESPN’s CFP Rankings Show Returns Amid Scrutiny, New Criteria

Six two-loss SEC teams will test how the committee weighs schedule strength.
Jeremy Bloom
November 3, 2026

Why Jeremy Bloom Hasn’t Donated NIL Money to Colorado Football

“I think that the system is broken,” Bloom said.
Sponsored

How Jeremy Bloom Is Reinventing the X Games

Jeremy Bloom discusses transforming the X Games into a global brand.
November 2, 2026

College Basketball Returns to the Court After Chaotic Offseason

The Tigers were at the center of NCAA eligibility drama.
November 2, 2026

Geno Auriemma Laments Explosion of Sports Gambling

Auriemma has won 12 national championships with the Huskies.
November 1, 2026

Florida State’s Norvell Fired With $50M Left on Contract

It’s the third-highest buyout in college football history.
November 1, 2026

Miami Tops Last AP Poll Before Initial CFP Rankings

The ACC, Big Ten, and Big 12 each have one undefeated team.