Thursday, November 5, 2026

Pivotal Moment for Three Cases Over NCAA Athlete Compensation

  • The NCAA is fighting to preserve amateurism in multiple arenas, from the courts to Congress.
  • It is in the midst of a pivotal two-week stretch for at least three major cases over athlete compensation and employment status.
The NCAA is facing a pivotal moment in three court cases over amateurism.
Charlie Nye/Indianapolis Star

Want more from Front Office Sports
in your search results?

Add Front Office Sports on Google

College basketball season tipped off on Monday, with teams across the country going head to head. 

But the NCAA is facing several, much bigger battles off the hardwood: court cases over athlete employment status and compensation rules. 

The NCAA is fighting to preserve amateurism in multiple arenas, from the courts to Congress — where it is trying to get a law passed to stop these cases. But so far, it’s been unsuccessful.

As a result, it is in the midst of a pivotal stretch for at least three major cases over athlete compensation and employment status.

House v. NCAA

On Nov. 3, Judge Claudia Wilken issued a much-anticipated ruling in the federal antitrust case House v. NCAA, granting three proposed classes.

The decision puts the NCAA on the hook for more than $4 billion in combined damages for the proposed classes, according to previous court documents. 

The federal antitrust lawsuit, filed in 2020 in California, is seeking damages for athletes who didn’t benefit from NIL rules because they played before the NCAA enacted them. 

It’s also arguing that the definition of NIL should be much more broad: Broadcast deals, game promotions, and school apparel contracts would be considered part of NIL because athletes are featured in them. 

The classes include:

  • Any Division I athlete who has currently benefited from NIL deals, but who also played before rules were changed on July 1, 2021 and therefore lost out on potential NIL revenue.
  • Any Power 5 scholarship men’s basketball or football player that played after June 15, 2016 who could have made money from broadcast contracts or video games portraying their likenesses.
  • Any Power 5 scholarship women’s basketball player who played after June 15, 2016 who could have made money from broadcast contracts portraying their likenesses.

The case isn’t set to go to trial until 2025. The ultimate ruling could force the NCAA to change its compensation rules to allow for revenue sharing between athletes and athletic departments — and even go bankrupt.

NLRB Case Against USC, Pac-12, and NCAA

On Tuesday, the Los Angeles region of the NLRB will begin virtual pre-trial hearings for a case first filed in 2022 by an athlete advocacy group called the National College Players Association against USC, the Pac-12, and NCAA. The case is an “unfair labor charge” over the misclassification of athletes.”

While official in-person hearings won’t begin until December, USC’s lawyers have said in court documents that they intend to get the case dismissed during pre-trial hearings. (USC filed a formal motion to dismiss, but the NLRB responded saying it would ignore the motion because it was filed after the requisite deadline.)

If the NCPA wins, all Division I basketball and FBS football players would have to be reclassified as employees. 

It’s unclear how long the case would take to be settled, given that either side would likely appeal after the trial ends in February. But NLRB general counsel Jennifer Abruzzo signaled her support for athletes’ side in a 2021 memo.

The NLRB could even claim public school athletes are subject to its ruling even though it only has jurisdiction over the private sector. That’s because of the “joint-employer doctrine,” which suggests that multiple organizations can be employers of the same group of people at the same time. 

If all conferences and the NCAA have similar relationships to their football and basketball players, the rule could apply. The NLRB recently issued a new definition for its joint-employer doctrine, which could bode well for athletes in this case. 

Matt Bewley et al v. NCAA

On Nov. 1, twin recruits of the Chicago State men’s basketball team, Matt and Ryan Bewley, filed a lawsuit in Illinois federal court last week against the NCAA over their denied eligibility after having played for Overtime Elite.

A hearing is set for Nov. 14 to get a temporary restraining order prohibiting the NCAA from keeping them on the bench. 

In 2020, the sports media company Overtime established a men’s high school professional basketball team called Overtime Elite, which allowed players aged 16-18 to play as well as receive schooling, the ability to profit off NIL deals, and a salary. It also offered players who wanted to play NCAA basketball the option to receive scholarships, rather than salaries. 

The NCAA, however, denied their eligibility despite Overtime’s careful attempt at keeping them within NCAA amateurism rules. 

The NCAA’s decision was based on three factors, according to court documents: Players received compensation that “exceeded actual and necessary expenses,” they played on a team that was considered professional, and they played against athletes who considered them professionals. (Court documents noted that other athletes who had played on Overtime Elite have been granted eligibility to play NCAA basketball.)

The case suggests that even if athletes did somehow accidentally violate NCAA eligibility rules, those rules themselves violate antitrust law. Illinois state senator Kam Buckner put out a statement on Monday suggesting the NCAA’s treatment of the Bewley brothers is also in conflict with Illinois’ state NIL law.

The case could ultimately force the NCAA to change those rules altogether, in addition to granting the twins eligibility.

Other Cases Moving Slowly

Two other cases could also force the NCAA to recognize athletes as employees. 

A case in Pennsylvania federal court, Johnson v. NCAA, is awaiting an interim ruling. A unionization petition filed by Dartmouth men’s basketball players with the local NLRB is also awaiting a ruling after a hearing last month.

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

Apr 12, 2014; Tallahassee, FL, USA; The Florida State Seminoles logo before the start of the spring game at Doak Campbell Stadium. Mandatory Credit: Melina Vastola-USA TODAY Sports

Florida State’s Coach Search Puts Roster Budget in Focus

Portal planning is already underway ahead of the Jan. 4 window.

Multiple States Ban Transgender Athletes From Women’s Sports

Arizona and Nebraska passed measures banning transgender athletes from girls sports.

College Football TV Ratings Remain Down 11% Through October

Four games total have drawn an audience of 10 million or higher.
Voters were up bright and early to cast their votes at Belville Elementary School in Brunswick County Nov. 3, 2026.

College Sports Bill in Peril After Democrats Sweep Midterms

The Protect College Sports Act could drown in the blue wave.
podcast thumbnail mobile
Front Office Sports Today

11/4/26 – MLB Wants to Delay Salary Cap, WNBA Finals Record, What’s Next for ‘PTI’?

0:00

Featured Today

Pickering High School North

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.
October 15, 2026

College Flag Football Is Outgrowing Its DIY Era

Women have been building the college game themselves at the club level.

Syracuse AD Wants Basketball Powerhouse to Prioritize Football

Syracuse hosts Clemson this weekend with ACC Network’s pregame show in town.
Jan 19, 2026; Miami Gardens, FL, USA; ESPN personality Rece Davis interviews Indiana Hoosiers head coach Curt Cignetti after the College Football Playoff National Championship game against the Miami Hurricanes at Hard Rock Stadium. Mandatory Credit: Sam Navarro-Imagn Images
November 3, 2026

ESPN’s CFP Rankings Show Returns Amid Scrutiny, New Criteria

Six two-loss SEC teams will test how the committee weighs schedule strength.
Jeremy Bloom
November 3, 2026

Why Jeremy Bloom Hasn’t Donated NIL Money to Colorado Football

“I think that the system is broken,” Bloom said.
Sponsored

How Jeremy Bloom Is Reinventing the X Games

Jeremy Bloom discusses transforming the X Games into a global brand.
November 2, 2026

College Basketball Returns to the Court After Chaotic Offseason

The Tigers were at the center of NCAA eligibility drama.
November 2, 2026

Geno Auriemma Laments Explosion of Sports Gambling

Auriemma has won 12 national championships with the Huskies.
November 1, 2026

Florida State’s Norvell Fired With $50M Left on Contract

It’s the third-highest buyout in college football history.
November 1, 2026

Miami Tops Last AP Poll Before Initial CFP Rankings

The ACC, Big Ten, and Big 12 each have one undefeated team.