Saturday, October 10, 2026
  • -
    days
  • -
    hours
  • -
    minutes
  • -
    seconds

Lawsuit Benefits from SCOTUS’ Invitation

  • Johnson v. NCAA argues Division I NCAA athletes should be considered employees and paid minimum wage.
  • Partially thanks to the Alston decision, two motions to dismiss the case have now been thrown out.
Photo: Robert Deutsch-USA TODAY/Design: Alex Brooks

Want more from Front Office Sports
in your search results?

Add Front Office Sports on Google

The Alston decision invited athletes to continue challenging the NCAA’s business model in court. A lawsuit called Johnson v. NCAA is the first to benefit.

First filed in 2019, the case argues Division I athletes should be considered employees and paid minimum wage. A similar case from 2016 got thrown out. But Johnson v. NCAA can go forward.

In August, a Pennsylvania judge refused a request to throw out the case by schools named as defendants. On Wednesday, that same judge refused another motion filed by the NCAA. 

That second decision was based on an analysis of athletes under the Fair Labor Standards Act, according to Boise State law professor Sam Ehrlich. But the fact that neither the NCAA nor schools could get the case thrown out was clearly aided by Alston.

  • To strike down lawsuits arguing athletes should get paid, the NCAA has used text from a decades-old Supreme Court decision that said, “In order to preserve the character and quality of the ‘product,’ athletes must not be paid…”
  • The Alston decision rejected this argument, saying that “these remarks do not suggest that courts must reflexively reject all challenges to the NCAA’s compensation restrictions.” That sets the stage for athletes to demand other forms of payment.
  • The judge in Johnson v. NCAA even cited this language in the first “motion to dismiss” rejection.

There are still many steps before the case reaches trial. But if it does, a pro-athlete ruling could spell the end of the NCAA as we know it.

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

Belichick, UNC Score Biggest Win Yet After Rocky Offseason

Belichick’s revamped UNC roster is beginning to show signs of progress.

ASU Hockey Home Opener Marred by Player Collapse Fallout

ASU’s hockey home opener featured more absences amid an ongoing investigation.
Mar 29, 2026; New Orleans, Louisiana, USA; LSU Tigers mens basketball head coach Will Wade looks on against the Houston Rockets during the first half at Smoothie King Center. Mandatory Credit: Stephen Lew-Imagn Images

LSU Finally Reveals 10-Player Roster in Will Wade’s Exhibition Return

The game offered a glimpse into which LSU players are eligible.
Oregon head coach Dan Lanning talks to Oregon quarterback Dylan Raiola on the sideline as the Oregon Ducks face the Oklahoma State Cowboys on Sept. 12, 2026, at Boone Pickens Stadium in Stillwater, Oklahoma.

How Oregon Beat College Football’s ‘Impossible’ Backup QB Market

Dylan Raiola will get the first start of his Oregon career on Saturday.
podcast thumbnail mobile
Front Office Sports Today

10/9/26 – MLB’s 154-Game Pitch, NFL Bets on SCOTUS, Shaq Says Barkley Isn’t Leaving

0:00

Featured Today

Action Images/Peter Cziborra

Is Leicester City’s $264 Million Price Tag Too Rich for Hungry Investors?

After falling from grace, how much is a former top club worth?
Oct 3, 2026; Starkville, Mississippi, USA; Alabama Crimson Tide head coach Kalen DeBoer waits to run onto the field prior to the game against the Mississippi State Bulldogs at Davis Wade Stadium at Scott Field. Mandatory Credit: Petre Thomas-Imagn Images
October 7, 2026

Who Is Alabama Football in Year 3 Under Kalen DeBoer?

The No. 6 Crimson Tide host No. 2 Georgia on Saturday.
Cubs behind the scenes
October 6, 2026

Hollywood and TikTok: Sports Media’s New ‘Blueprint’

Teams and leagues are pouring money into the quest for fans.
October 2, 2026

How the Baseball Cap Became a ‘Behemoth’

The hat has become essential for athletes, fans, and the sports-agnostic.
Morishita-Sato-homerun-celebration-at-Meiji-Jingu-Baseball-Staidum-2025
September 28, 2026

Japanese Baseball Is Fighting Back Against MLB Talent Drain

Nippon Professional Baseball is reimagining how to be a global juggernaut.

Georgia-Alabama Braces for Hurricane, Trump Won’t Attend

Alabama banned tailgating and all outdoor activities on campus before noon.
Farah O’Keefe NCAA
October 8, 2026

No. 1 Women’s Amateur Golfer Discusses Life As an ‘Infant Pro’

Farah O’Keefe won her first NCAA title in June.
Jan 20, 2026; Miami, FL, USA; College Football Playoff executive director Rich Clark during the CFP host committee handoff press conference at Marriott Marquis Miami. Mandatory Credit: Kirby Lee-Imagn Images
First at FOS
October 8, 2026

CFP Director Supportive of 24 Teams, Endorses College Sports Bill

Rich Clark said a potential 24-team Playoff would be “spectacular.”
Sponsored

Beyond the Scorecard: How Dow Is Putting Purpose at the Center of Women’s Golf

Discover how Dow and the LPGA are building a partnership with lasting impact.
October 8, 2026

ICE Has Detained Another College Basketball Player

A Chinese player at Mississippi Valley State was detained Sept. 29.
October 7, 2026

LSU Still Lists Just Four Players on Eve of First Exhibition Game

LSU still doesn’t list enough players to fill out a starting five.
October 6, 2026

Judge Orders ICE to Release College Basketball Player

The government has 24 hours to appeal the ruling.
Oct 3, 2026; Boulder, Colorado, USA; Colorado Buffaloes head coach Deion Sanders following a touchdown scored in the first quarter against the Texas Tech Red Raiders at Folsom Field. Mandatory Credit: Ron Chenoy-Imagn Images
October 6, 2026

Colorado’s Skid Renews Questions About Deion Sanders’s Roster Model

Colorado enters its bye week on a three-game losing streak.