• Loading stock data...
Thursday, September 4, 2025
Fox Analyst and Media Entrepreneur Greg Olsen to Speak at Tuned In Get your ticket now!

‘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

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.

Linkedin
Whatsapp
Copy Link
Link Copied
Link Copied

What to Read

Aug 30, 2025; Nashville, Tennessee, USA; Vanderbilt Commodores linebacker Langston Patterson (10) looks over the defense against the Charleston Southern Buccaneers during the first half at FirstBank Stadium.

Latest Class Action Eligibility Lawsuit Challenges NCAA’s ‘Redshirt’ Rule

It’s the latest lawsuit challenging the NCAA’s core eligibility requirements.
opinion

Bill and Jordon’s Excellent Adventure Already Unraveling

Belichick’s debut was a humiliation rather than a coronation.

Less Belichick Hype Could Mean Bad News for CFB Stakeholders

UNC had never begun a football season with so much hype.

Bill Belichick’s Star-Studded UNC Coaching Debut Turns Ugly

Michael Jordan highlighted a long list of celebrities in attendance.

Featured Today

Oct 13, 2024; Philadelphia, Pennsylvania, USA; Philadelphia Eagles quarterback Jalen Hurts (1) and wide receiver A.J. Brown (11) celebrate their touchdown pass during the second quarter against the Cleveland Browns at Lincoln Financial Field.

TV Ratings Just Changed Again. The NFL Will Be the Big Winner

Nielsen’s new viewership system will have a big impact on sports.
Ohio State Buckeyes wide receiver Jeremiah Smith (4) celebrates with offensive lineman Donovan Jackson (74) after a touchdown catch against Notre Dame Fighting Irish in the first quarter during the College Football Playoff National Championship at Mercedes-Benz Stadium in Atlanta on January 20, 2025.
August 30, 2025

The Most Expensive Roster Year in College Football History

The House settlement created revenue-sharing—and a big NIL loophole.
August 26, 2025

‘You’re Going to Get Beat Up’: The Liberty’s All-Male Practice Squad

A select group suits up weekly to take on the defending champs.
August 24, 2025

The Honey Deuce Effect: How Tennis Perfected the Signature Cocktail

Sold every 1.5 seconds, they total more than $12 million in sales.
Arch Manning

NIL Go Says It Has Cleared $80 Million in NIL Deals So..

NIL collectives, however, say the majority of their deals are in limbo.
The cast of ESPN College GameDay begins their show prior to the NCAA football game between the Ohio State Buckeyes and the Texas Longhorns at Ohio Stadium on Aug. 30, 2025. The show is the final one for Lee Corso.
September 2, 2025

OSU Sophomore Wins $250K in McAfee ‘GameDay’ Kicking Contest

The former NFL punter started offering prize money for kicks in 2023.
Workers set up the stages for the “Fox Big Noon Kickoff” sports show live telecast before Saturday’s Iowa State and Iowa football game at Jack Trice Stadium in Ames, Iowa.
exclusive
September 3, 2025

Big 12 Embraces Dave Portnoy and Barstool Sports

The conference held a call with Portnoy to discuss coverage and collaboration.
Sponsored

Trailblazer Cal Calamia Is Racing for ‘Advocacy, Storytelling, and Performance’

The marathoner wants excellence—not just inclusion—to be the goal for non-binary athletes.
Aug 30, 2025; Columbus, Ohio, USA; Texas Longhorns quarterback Arch Manning (16) drops back to pass against the Ohio State Buckeyes in the first half at Ohio Stadium.
September 2, 2025

On This Year’s CFB Rosters, Even Backup QBs Make Six Figures

The going rate for backup quarterbacks is in the mid-six-figures.
Mike Gundy
September 2, 2025

OSU’s Gundy, Oregon’s Lanning Trade Barbs Over Alleged $30 Million Gap

Lanning ripped Gundy’s “excuse” and said “we spend to win.”
FSU
September 2, 2025

ACC Hits Florida State With First $50K Storming Fine Under New Rule

The ACC announced a new fine system in July.
August 30, 2025

5 of 10 Highest-Paid CFB Coaches Lose in Week 1

Alabama coach Kalen DeBoer was the biggest surprise of the Week 1 losers.