• Loading stock data...
Saturday, July 5, 2025

Defendants’ Latest Play

  • In Johnson v. NCAA, the plaintiffs argue that college athletes should be considered employees.
  • The NCAA and schools employed a new tactic last week to get the case thrown out.
Photo: Kirby Lee-USA TODAY/Design: Alex Brooks

The NCAA and schools are continuing to employ tactics to get a potentially watershed case, Johnson v. NCAA, thrown out before it reaches the discovery phase. 

The case, first filed in 2019, argues that college athletes should be considered employees under the Fair Labor Standards Act. If found in favor of the athletes, the case could invalidate the amateurism model.

  • Recently, a Pennsylvania judge denied the NCAA and schools’ motions to dismiss the case, finding that the plaintiffs’ claim could have merit. 
  • But now, the schools and NCAA are asking the judge to allow a higher court to re-examine the decision to deny their motion to dismiss, Boise State law professor Sam Ehrlich told FOS.
  • “It’s kind of a bold move,” he said. It’s “like going to your professor and saying, ‘Hey, I don’t agree with your decision in this grading…so can I appeal it to someone? Who can I appeal it to?’”

The schools noted two previous cases where courts found that athletes aren’t considered employees. They also claimed the Alston decision doesn’t apply to the Johnson case because it ruled on whether athletes could receive educational benefits — not salaries as employees.  

Athletes’ lawyers disputed this, of course. The Alston decision and the NLRB have “made it clear that the NCAA’s antiquated (and frankly, offensive) notion that it does not have to pay student-athletes despite making billions of dollars through their efforts is no longer legally permissible,” their response said.

Linkedin
Whatsapp
Copy Link
Link Copied
Link Copied

What to Read

Baseball’s Celebrity Row: Behind MLB’s First-Pitch Ritual

Often planned, sometimes spontaneous, the ritual throw is baseball’s celebrity row.
Jun 10, 2025; Pittsburgh, PA, USA; Pittsburgh Steelers quarterback Aaron Rodgers (8) drops back to pass during minicamp at their South Side facility.
opinion

Steelers Win-Now Mode Is Good News for NFL Media Partners

The conservative “Steeler Way” has finally adapted—and media partners are happy.

The Battle Over Wimbledon’s Ambitious Expansion Plan

A classic NIMBY standoff on one of the most hallowed grounds in sports.
Dec 5, 2024; Miami, FL, USA; FIFA president Gianni Infantino presents the FIFA Club World Cup trophy during the Club Word Cup draw at Telemundo Studios.

Revamped Club World Cup Is FIFA’s Billion-Dollar Gamble

The revamped soccer event debuts amid controversy.

Featured Today

3,000 Hot Dogs, $20K in Prizes: Behind the Nathan’s Eating Contest

Nathan’s serves up thousands of hot dogs and $20,000 in prize money.
July 3, 2025

Geoffrey Esper Can’t Catch a Break at Nathan’s Hot Dog Eating Contest

“Hot dogs is not one of my favorite competitions of the year.”
Seattle Rough & Tumble
June 28, 2025

Women’s Sports Bars Are on the Rise. Survival Isn’t Guaranteed

Some women’s sports bars are cashing in. Others are clawing for funding.
June 27, 2025

Shitposters Have Taken the Reins of Pro Sports’ Official Voices

Meet the social media pros turning sports teams into internet trolls.

Everything You Need to Know About EA’s Return to College Basketball Video..

There hasn’t been a college basketball game in more than 15 years.
July 1, 2025

Big Ten Commish Still Pushes for 4 Auto CFP Bids in 16-Team..

The conference wants four guaranteed spots in the Playoff.
Ohio State
July 1, 2025

Collectives Funnel $20 Million to College Athletes on Last Day Before Revenue..

Collectives frontloaded payments just before the revenue sharing era begins July 1.
Sponsored

Hottest Matchups Following NFL Schedule Release

The NFL released the 2025 regular-season schedule, and anticipation is already building in the ticket marketplace with four months to go.
June 30, 2025

College Sports Revenue-Sharing Underway As More Changes Loom

July 1 marks the first day schools can directly pay players.
June 30, 2025

Pac-12 Hits Football Membership Threshold With Texas State Entry

The school is paying $5 million to leave the Sun Belt Conference.
Mar 23, 2025; Raleigh, NC, USA; Baylor Bears guard Jeremy Roach (3) reacts after a play during the first half against the Duke Blue Devils in the second round of the NCAA Tournament at Lenovo Center.
June 26, 2025

Power Four Put Finishing Touches on How Revenue Sharing Era Will Work

The agreement stipulates that schools can’t sue to challenge any terms of the settlement.
June 26, 2025

Pac-12 Rebuild Nears Completion With 2026 Texas State Addition

The Sun Belt school is likely joining the Pac-12 in 2026.