Thursday, November 12, 2026

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

College Sports Bill Proponents Mount Last-Ditch Lobbying Effort

Protect College Sports Act proponents are sending letters, running ads, and more.
Oct 3, 2026; Fort Collins, Colorado, USA; Oregon State Beavers wide receiver Jesse Legree (12) catches a pass from quarterback Braden Atkinson (2) in the second half against the Colorado State Rams at Sonny Lubick Field at Canvas Stadium. Mandatory Credit: Andrew Rydland-Imagn Images

Oregon State Keeps Its Star QB-WR Duo Amid $48M Fundraising Push

An Alabama-style front office and a $24M gift have fueled OSU’s turnaround.
West Wind Mahjong

Mahjong Mania Has Come for College Sports

Bespoke retailers are cashing in with officially licensed mahjong sets.

CFP Expansion Raises Big Questions for Group of 6 Conferences

The highest-ranked G6 conference champion will earn an automatic CFP berth each year.
podcast thumbnail mobile
Front Office Sports Today

11/12/26 – LIV Liquidation Plan, Polymarket Layoffs, Russini’s Crashed Debut

0:00

Featured Today

Can MLS Capitalize on Son-Mania?

Korea and Tottenham fans alike have flocked to LAFC’s away matches.
Pickering High School North
November 4, 2026

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.
Dec 20, 2025; Oxford, MS, USA; College Football First Round logo on field prior to the game between the Tulane Green Wave and the Mississippi Rebels at Vaught-Hemingway Stadium. Mandatory Credit: Petre Thomas-Imagn Images

The Ripple Effects of a 24-Team College Football Playoff

The CFP officially announced plans to expand in 2027.
November 9, 2026

College Football Playoff to Expand to 24 Teams Beginning in 2027 Season 

The 12-team Playoff was implemented in 2024.
November 10, 2026

Tennessee Men’s Basketball Players Propose CBA

The agreement isn’t finalized but serves as a model for future negotiations.
Sponsored

How Jeremy Bloom Is Reinventing the X Games

Jeremy Bloom discusses transforming the X Games into a global brand.
November 8, 2026

Michigan, Ohio State Flailing Despite Big Spending

Both lost as home favorites Saturday.
November 8, 2026

Philip Rivers Expected To Be Hired as NC State Coach

Rivers played in the NFL last year and was coaching high school.
Jan 1, 2025; Pasadena, CA, USA; Helmets at the line of scrimmage as Oregon Ducks long snapper Luke Basso (43) snaps the ball against the Ohio State Buckeyes during a CFP Quarterfinal at Rose Bowl Stadium. Mandatory Credit: Kirby Lee-Imagn Images
November 6, 2026

Big Ten’s $49M NIL Cap Looms Over Ohio State–Oregon Matchup

Ohio State and Oregon each have estimated $50 million rosters this season.
Dec 15, 2025; Cary, NC, USA; Washington Huskies goalkeeper Jadon Bowton (1) holds up the National Championship trophy after the Huskies win the championship in overtime at First Horizon Stadium
November 6, 2026

Colleges Overwhelmingly Oppose Men’s Soccer Calendar Change

Enough schools voted against the fall-to-spring calendar to block the NCAA’s proposal.