• Loading stock data...
Monday, October 6, 2025

Question of NCAA Athletes as Employees Comes Under Focus

  • Oral arguments will be heard in a federal class action case called Johnson v. NCAA on Wednesday.
  • Judges will consider whether athletes can be considered university employees.
The NCAA is attempting to throw out employment case.
Kirby Lee-USA TODAY Sports

On Wednesday, the U.S. Third Circuit Court of Appeals will consider a challenge to the core of the NCAA’s entire business model.

Oral arguments will be heard in a federal class action case called Johnson v. NCAA, in which a group of athletes is suing several schools and the NCAA alleging they should be considered university employees under the Fair Labor Standards Act, and therefore are entitled to minimum wage and other U.S. labor protections.

This hearing is a pivotal moment in the case, which could ultimately lead to the NCAA’s demise.

Lawyers for the NCAA and schools have attempted to get the case dismissed on the grounds that athletes should be classified as amateurs, and not employees. Wednesday’s arguments will address this question specifically — a rare type of appeal called an “interlocutory appeal,” which reviews a decision made by a lower court judge in the middle of a case, rather than the final verdict.

The appeals court will likely not issue a verdict for at least a few months, Boise State sports law professor Sam Ehrlich told Front Office Sports. 

A win for the athletes would mean that the case would go back down to the district court to proceed to the discovery phase. 

“This obviously would be the worst-case scenario for the NCAA,” Ehrlich said. It legitimizes the possibility of athletes being employees under federal law, and it opens up the governing body to have to make private documents public during discovery.

But athletes wouldn’t become employees right away. The case would have to reach a final verdict.

Another scenario: The appeals court could issue a narrow agreement, Ehrlich noted, stating that only some of the athletes in the plaintiff class qualify — for example, drawing a line between revenue and non-revenue sports.

A win for the NCAA, however, would lead to the case being dismissed.

Legal experts have told FOS that overturning an interlocutory appeal is no easy feat — sort of like overturning a call on the NFL field. The status quo usually stands.

A component of the Supreme Court’s ruling in NCAA v. Alston invited further legal challenges to the NCAA’s business model on the grounds that they violate the Sherman Antitrust Act. 

“The NCAA’s business model would be flatly illegal in almost any other industry in America,” Justice Brett Kavanaugh wrote in his concurring opinion.

But in the past, other federal courts, like the Ninth Circuit in California, have agreed that college athletes aren’t employees.

The NCAA Puts the Future of Amateurism In Congress’ Hands

The NCAA punted on recommendations for regulating NIL.
January 4, 2023

Either way, expect the NCAA to not rest until it gets a favorable verdict — including appealing the case all the way up to the Supreme Court.

The NCAA did not respond to a request for comment. A lawyer for the plaintiffs did not have a comment to provide in advance of the arguments.

Linkedin
Whatsapp
Copy Link
Link Copied
Link Copied

What to Read

Oct 4, 2025; Fort Worth, Texas, USA; TCU Horned Frogs head coach Sonny Dykes and Colorado Buffaloes head coach Deion Sanders hug following a game at Amon G. Carter Stadium.

More Health Problems for Deion Sanders As Colorado Slides

Sanders indicated his blood clots have returned.
Cody Campbell

Fox, ABC Reject Ad Accusing Power Conference Commissioners of Greed

Cody Campbell said the ads were pulled after he paid for them.
Florida State defensive back Renardo Green (8) tackles Miami running back Mark Fletcher Jr. (22) during a college football game Saturday, Nov. 11, 2023, at Doak Campbell Stadium in Tallahassee, Florida.

Miami–Florida State Rivalry Heats Up With Priciest Ticket in CFB

The get-in price for Saturday’s matchup in Tallahassee is more than $300.
Georgia Bulldogs quarterback Gunner Stockton (14) throws the ball during the first half of a NCAA college football game against Alabama in Athens, Ga., on Saturday, September 27, 2025.

Alabama-Georgia Draws 10.4M Viewers, Drives Record CFB Season Pace

ABC drew 10.4 million viewers for Alabama-Georgia.

Featured Today

Paul Cartier

Sports Organists Are Still Thriving in the Era of Raucous Arena Music

“When they walk out and they see a real organ guy, it’s like, ‘Wow.’”
Sep 27, 2025; Milwaukee, Wisconsin, USA; Milwaukee Brewers center fielder Jackson Chourio (11) rounds the bases after hitting a home run during the sixth inning against the Cincinnati Reds at American Family Field.
October 4, 2025

Milwaukee Moneyball: Brewers Are Beating MLB’s Deeper Pockets

Milwaukee is holding its own against big-budget competitors.
Kōloa Rum Company Rum Rusher
September 27, 2025

Panthers Bubbly, Jets Wine, Manning Whiskey: The Sports Booze Boom

A sommelier dives into the sports booze trend—and tries Jets wine.
Nov 17, 2024; Pittsburgh, Pennsylvania, USA; Pittsburgh Steelers fans wave Terrible Towels against the Baltimore Ravens during the fourth quarter at Acrisure Stadium
September 26, 2025

Steelers’ Irish Roots Are Deeper Than NFL Dublin Game

The Steelers have history and the foundation for a future in Ireland.
Oct 4, 2025; Pasadena, California, USA; UCLA Bruins quarterback Nico Iamaleava (9) passes the ball during the fourth quarter against the Penn State Nittany Lions at Rose Bowl.

The Improbability of UCLA’s Incredible Upset Win Against Penn State

Before UCLA beat Penn State, donors were deeply unhappy.
October 5, 2025

CFB’s New Parity Era: Penn State, Texas Top-25 Exits Signal Shift

Penn State and Texas fall entirely out of the top-25 rankings.
Sep 27, 2025; University Park, Pennsylvania, USA; Penn State Nittany Lions head coach James Franklin reacts during the fourth quarter against the Oregon Ducks at Beaver Stadium.
October 6, 2025

Penn State Has a $50 Million James Franklin Problem

Franklin’s team lost to unranked UCLA on Saturday despite being heavy favorites.
Sponsored

How Soccer Star Jozy Altidore Became a Buffalo Bills Owner

Jozy Altidore discusses building a business legacy off the field.
exclusive
October 2, 2025

Opendorse Is Taking Over Parts of Failed NIL Collective Operator SANIL

SANIL abruptly shut down its operations this week.
October 2, 2025

Big Ten’s $2B Private-Equity Deal Talks Face Michigan Resistance 

The conference is in discussions for a private-capital deal of around $2 billion.
Sep 27, 2025; College Station, Texas, USA; A detail view of the SEC logo on a chain marker during the game between the Texas A&M Aggies and the Auburn Tigers at Kyle Field.
exclusive
October 1, 2025

Fed-Up NIL Collectives Are Bypassing NIL Deal Approval Process

“I have deep concerns as to the longevity of this system.”
Sep 26, 2025; Corvallis, Oregon, USA; Oregon State Beavers flags fly after they score in the third quarter against the Houston Cougars at Reser Stadium.
October 1, 2025

Mountain West’s Motion to Dismiss Pac-12 Lawsuit Over Poaching Fees Denied

The Pac-12 wants to avoid having to pay the Mountain West $55 million.