Thursday, August 6, 2026

Athletes as Employees?

  • Just 24 hours before the Congressional hearing, the National Labor Relations Board released an explosive memo about college athletes’ amateur status.
  • While NCAA officials opposed it in the hearing, lawmakers and one witness appeared in favor of it.
Photo: Melina Myers-USA TODAY/Design: Alex Brooks

Just 24 hours before the Congressional hearing, the National Labor Relations Board published an explosive memo about college athletes’ amateur status. It came up several times Thursday.

General counsel Jennifer Abruzzo wrote that certain athletes should be considered employees under the National Labor Relations Act. Schools could be in violation of the act if they mislead athletes — and Abruzzo specifically attacked the phrase “student-athletes.”

This doesn’t automatically change athletes’ status. But it promised that Abruzzo will take this stance in future cases brought before the NLRB

Here’s where lawmakers and NCAA officials stand:

  • Unsurprisingly, Emmert, McWilliams, and Livingstone all opposed the idea — reflecting the NCAA’s official stance — though Emmert said “student-athlete” less than usual.
  • Rep. Lori Trahan (D-Mass.) said that NIL rights, and the NLRB’s memo, were “long overdue.”
  • Rep. Jan Schakowsky (D-Ill.), endorsed the College Athlete Bill of Rights and helped Northwestern football players try to unionize, so she supports the idea.
  • Huma has also long supported giving athletes protections under employment law.

Emmert and co. warned that making athletes employees might be the end of college sports as we know them — a baseless threat they’ve used every time compensation reform has been on the table.

They said that schools would be forced to cut women’s sports if they had to divert revenue to compensate football players, for example. But Title IX requires that schools provide equitable women’s sports opportunities regardless of revenue.

Either way, if any college athletes get reclassified as employees, it won’t happen for a long time. But as long as Abruzzo is in charge, the movement seems to have a friend at the NLRB.

This field is for validation purposes and should be left unchanged.

Sign up for
The Memo Newsletter

Get the biggest stories and best analysis on the business of sports delivered to your inbox twice every weekday and twice on weekends.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
Linkedin
Whatsapp
Copy Link
Link Copied
Link Copied

What to Read

Akron Zips football student-fans cheer before the game against Wyoming, Aug. 28, 2025, at InfoCision Stadium in Akron, Ohio.

Viral Akron Football Promo Attracts Celebrity Season-Ticket Buyers

Zips tickets are selling fast after a chance to play offensive coordinator.
U.S. Senator Eric Schmitt (R-MO) questions FBI Director Kash Patel as he testifies before a Senate Judiciary Committee hearing on oversight of the Federal Bureau of Investigation, on Capitol Hill in Washington, D.C., U.S., September 16, 2025.

New College Sports Bill Wouldn’t Form New Enforcement Body

The College Sports Commission would be tasked with enforcing the rules.
Ohio State Buckeyes defensive end Caden Curry (92) celebrates after recovering the fumble in the second half of the NCAA football game at Ohio Stadium on Saturday, Nov. 22, 2025 in Columbus, Ohio.

Colleges Are Avoiding Transparency on Jersey Patch Deals

Ohio State said the jersey patch deal was made between Learfield and Chase.

Handful of NBA Draft Picks Could Return to College After Ruling

Four players drafted in June could return to college. 
podcast thumbnail mobile
Front Office Sports Today

8/6/26 – LIV’s Funding Promise, Disney Sells Out Super Bowl, Inside Tom Brady’s CardVault

0:00

Featured Today

Joey Spallina of the Maryland Whipsnakes

How Eye Black Became ‘War Paint’ on the Field

“You’re going into battle, doing something you only do on game days.”
August 6, 2026

Tom Brady Explains His Aggressive Push Into Trading Cards

Brady talked to FOS about his eponymous card company.
FILE PHOTO: Cricket - Indian Premier League - IPL - Mumbai Indians v Chennai Super Kings - Wankhede Stadium, Mumbai, India - April 23, 2026 Mumbai Indians' Suryakumar Yadav in action
August 5, 2026

India Is Stealing Cricket’s Throne From England and Australia

India’s insatiable appetite for cricket has shifted the traditional locus of power.
WPBL
July 30, 2026

Who’s Playing Women’s Professional Baseball?

Sixty players from 11 countries are descending on Illinois for six weeks.
Tom's Watch Bar
July 17, 2026

Sports Bars Are Cashing In From Summer of Soccer

The World Cup has brought a windfall to America’s biggest sports bars.
March 11, 2025; Las Vegas, NV, USA; Oregon State Beavers celebrate after defeating the Portland Pilots after the game in the final of the West Coast Conference tournament at Orleans Arena. Mandatory Credit: Kyle Terada-Imagn Images
July 31, 2026

Oregon State Women’s Basketball Players Launch Unionization Effort

The players will test whether state laws will recognize them as employees.
Jun 18, 2023; Omaha, NE, USA; An on-deck circle with the NCAA logo is pictured on the field before the game between the Virginia Cavaliers and the TCU Horned Frogs at Charles Schwab Field Omaha
July 31, 2026

Ruling Gives NCAA Athletes From Class of 2022 5th Year of Eligibility

The proposed class action was filed after the new NCAA eligibility policy.
Sponsored

Saints Great Turns to Ownership

Marques Colston discusses his Champions Fund launch and finding success after football.
Jul 28, 2026; Chicago, IL, USA; Big Ten Conference Commissioner Tony Petitti speaks during Media Days at Hilton Chicago.
July 31, 2026

College Football Playoff Expansion Stalls As Season Approaches

Week 1 games begin Sept. 3 ahead of Labor Day weekend.
July 31, 2026

College Jersey Patch Market Finds Its Benchmark

“The market has now been set,” one exec told FOS.
Jan 8, 2026; Glendale, AZ, USA; Mississippi Rebels linebacker Princewill Umanmielen (1) against the Miami Hurricanes during the 2026 Fiesta Bowl and semifinal game of the College Football Playoff at State Farm Stadium.
July 29, 2026

Ole Miss Sues Two Former Players Who Transferred to LSU

Both players followed their previous coach, Lane Kiffin, to Baton Rouge.
July 29, 2026

TCU AD on Senate College Sports Bill: ‘This Is Our Mess’

Mike Buddie doesn’t blame Congress for bill’s delay.