Friday, May 29, 2026

The NCAA’s Existential Question: Can You Pay Players and Still Call Them Amateurs?

  • Multiple court cases, including one resuming a trial on Monday, are debating the question.
  • The NCAA has made a proposal to compromise, but it may not be enough to stop the death of amateurism.
The NCAA is facing an existential crisis as it weighs whether to pay some players while ensuring they don't become employees.
FOS Illustration

On Monday, in a conference room in Los Angeles, a National Labor Relations Board trial will resume, with the goal of resolving whether college athletes should be considered employees—the existential question of NCAA sports.

The trial is one of the many places where the debate over the future of amateurism is playing out across the country. Pressure to label collegiate athletes professionals is mounting through other National Labor Relations Board (NLRB) cases and multiple federal cases. The NCAA, meanwhile, is battling in Congress (most recently in a hearing on Thursday) to pass a law preventing those athletes from attaining employee status. The collegiate governing body is even facing criticism from some of its most high-profile constituents, like Michigan head coach Jim Harbaugh, who argued after winning the national championship that athletes should get a share of revenue and the right to unionize. Ohio State’s new athletic director, Ross Bjork, echoed some of Harbaugh’s comments on Wednesday.

Amid all the noise, NCAA President Charlie Baker is trying to appease all sides with a new athlete-pay proposal. But it may not be enough to stop momentum toward an employment model. 

“It’s [athletes’] voices that are often sidelined in conversations about the future,” Rep. Lori Trahan (D., Mass.) said during Thursday’s hearing in Congress. But “athletes have more power today than ever before.”

A Mountain of Litigation

Over the past five years, the NCAA has faced several lawsuits over athlete employment, including multiple cases at the NLRB. 

The case that’s resuming on Monday centers around USC football and basketball players. The National College Players Association filed an “unfair labor practice” charge in 2022, claiming that USC, the Pac-12, and the NCAA have illegally misclassified football and basketball players as amateurs, rather than employees. The NLRB agreed to take up the case on the NCPA’s behalf and began in-person prosecution in December at the NLRB’s regional office in L.A. At the time, NCPA executive director Ramogi Huma told Front Office Sports he believed the initial days of the trial “couldn’t have gone better.”

That prosecution resumes on Jan. 22 and will continue for two weeks, with the potential for another session at the end of February, if needed. It will take months for the NLRB to hand down a decision.

On the other side of the country, Dartmouth men’s basketball players filed a different type of case with the NLRB: a unionization petition similar to the case filed by Northwestern football players in 2014 (which ultimately failed). A hearing was carried out via Zoom in October, but a regional judge has yet to hand down a ruling. Even though those players are pursuing a slightly different legal avenue than in the USC case, a win would ultimately result in the same outcome: If athletes are allowed to unionize, they’d automatically be professionals.

Employment status is “not really up to athletes,” UCLA quarterback Chase Griffin said during Thursday’s Congressional NIL hearing. “That’s up to the NLRB. But I do think it’s important to note that currently—based on the number of time, effort, and hours—we operate as employees.” (The NLRB’s general counsel, Jennifer Abruzzo, does believe many athletes should be considered employees.)

The NLRB isn’t the only entity hearing cases on this matter. The furthest along is Johnson v. NCAA, in which Villanova football player Trey Johnson and several other plaintiffs argued that all Division I athletes should be employees and get paid minimum wage. That case is currently awaiting a decision from the Third Circuit Court of Appeals to determine whether professionalism for collegiate athletes is even plausible under the law, let alone whether it’s the correct designation. Athletes have filed other cases with similar premises. 

Of all the cases facing the NCAA, none are calling for all athletes at all levels to be considered employees. But that hasn’t stopped President Baker and other anti-employee advocates from making arguments about the horrors that would befall college sports if all athletes, at all levels, are deemed employees. 

It looks increasingly unlikely that the NCAA will bat 1.000 on all these legal attacks, experts agree. But a federal law overriding these court decisions would be the governing body’s ace in the hole.

Illusion of Reform 

The NCAA is now trying to convince Congress to pass an anti-employee status law under the guise of “reform.” In December, Baker introduced “Project DI,” a short, broad proposal for how schools could begin to pay athletes in a way that satisfies not only their demands, but also those of public opinion. The proposal has three main suggestions: 1) Allow schools to “share NIL revenue” with athletes. 2) Eliminate restrictions on educational benefits. And 3) Require a group of the richest schools to put money into an educational trust for athletes.

NCAA members are “glad we’re finally talking about the elephant in the room,” Baker said during his annual State of College Sports address at the 2024 NCAA Convention in Phoenix. He also noted during the Congressional hearing that the proposal could help increase gender equity in NIL by allowing athletes to sign deals alongside schools—and therefore be subject to Title IX. (Ironically, the project has already been cited by NLRB lawyers as an admission that athletes should be employees.)

But the proposal is less radical than some initially believed. While it tries to placate reformers by offering athletes increased pay, it stops short of giving them employee status. That’s by design.

Baker has said on multiple occasions that in order for the proposal to work, Congress must pass legislation declaring collegiate athletes to be amateurs once and for all. He’s requesting “special status” that allows those athletes to get paid, but not to be considered employees. That way, athletes could get some extra cash, but the NCAA’s business model would remain intact. (He has also said that the proposal is an attempt to demonstrate to Congress that the NCAA is doing its part to fix its own problems—so Congress should step in to fix the rest.)

“There is this sort of … desperation here,” College Football Players Association executive director Jason Stahl tells Front Office Sports. “ ‘We need you to rescue us.’ … Because, yeah, I do believe the NCAA knows that they are going to lose all these cases.”

But there’s another way for the NCAA to maintain control that it continues to openly reject: unionization and collective bargaining. Stahl and Athletes.org founder Jim Cavale, both of whom spoke with Front Office Sports, agree that this solution is the best way forward for the NCAA. “There’s a desire to continue trying to unilaterally impose comp restrictions on athletes,” Cavale says. “The real solution is not to do that. The real solution is to collectively bargain all of these terms with the respective athletes who create this value.”

Everyone has an opinion on the NCAA’s existential question. But ultimately, it doesn’t matter what athletes, schools, reformers, or even the NCAA president want. A judge will make the final decision over the future of amateurism—not based on the welfare of college sports, but based on the law. 

This field is for validation purposes and should be left unchanged.

Sign up for
The Memo Newsletter

Get the biggest stories and best analysis on the business of sports delivered to your inbox twice every weekday and twice on weekends.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
Linkedin
Whatsapp
Copy Link
Link Copied
Link Copied

What to Read

Aug 17, 2025; Harrison, New Jersey, USA; A general view shows Sports Illustrated Stadium and Gotham FC logos before the game between Gotham FC and the Houston Dash.
exclusive

Several Longtime Writers Laid Off at Sports Illustrated

Writers Greg Bishop and Michael Rosenberg were laid off in a round of cuts on Friday.
May 19, 2023; Washington, District of Columbia, USA; Washington Mystics forward Elena Delle Donne (11) talks with New York Liberty forward Breanna Stewart (30) prior to the opening tip-off at Entertainment & Sports Arena.
exclusive

New WNBA CBA Will Pay $14M to Retired Players

The WNBA and WNBPA announced the full CBA was finalized Friday.

Big 12 Coaches Unanimously Back 24-Team CFP Expansion

Every coach voted for a 24-team playoff on Thursday.
May 23, 2026; Anaheim, California, USA; Fans participate in a tarp off during a MLB game between the Los Angeles Angels and the Texas Rangers at Angel Stadium

‘Tarps Off’: How Shirtless Fans Took Over MLB

The viral movement began with the SFA club baseball team.

Featured Today

Apr 6, 2026; Arlington, Texas, USA; Seattle Mariners catcher Cal Raleigh (29) walks to the on deck circle during the game against the Texas Rangers at Globe Life Field

Why Ballparks Are Louder Than Ever

Some stadiums sound like veritable nightclubs. How did we get here?
May 24, 2026; Evanston, IL, USA; Northwestern Wildcats attack Kathryn Ratanaproeksa (13) shoots against the North Carolina Tar Heels during the first half at Martin Stadium
May 26, 2026

Can Women’s Lacrosse Buck the Trend in College Sports?

The sport is fighting to prove its worth in the revenue-sharing era.
May 22, 2026

Big Money on the Line on Premier League’s Final Day

Arsenal has won the title, but millions are still at stake.
Texas State mascot
May 22, 2026

Mascot-Reveal Videos Are the Newest College Sports Tradition

Student mascot unmasking videos are going mega-viral.
Nov 28, 2025; Atlanta, Georgia, USA; A general view of the the line of scrimmaged during a game between the Georgia Tech Yellow Jackets and Georgia Bulldogs in the first quarter at Mercedes-Benz Stadium.

At SEC Spring Meetings, a Consensus on Problems, but Not Solutions

Georgia discussed a “breakaway,” where the SEC would set or enforce its own rules.
May 27, 2026

Big 12 Coaches Back March Madness Expansion: Bigger Is Better

Next year’s tournament will expand from 68 to 76 teams.
May 27, 2026

Big 12 Commish Already Eyeing Next Media Deal, Bigger Payday

The conference’s media deals with Fox and ESPN run through this decade.
Sponsored

The Hidden Economy of Race Weekend

Learn more about the Vintage Flying Museum and how Spectrum Business is helping them achieve their business goals while fueling their dreams.
Ted Cruz
May 27, 2026

Senators Introduce Long-Awaited Bipartisan College Sports Bill

The bill comes one week after the House canceled another vote on the SCORE Act.
Texas Tech's Brendan Sorsby goes through warmups before the spring football game, Friday, April 17, 2026, at Jones AT&T Stadium.
May 27, 2026

NCAA Denial Sends Brendan Sorsby Eligibility Fight to Court

A hearing for Sorsby’s lawsuit is scheduled for June 1.
Florida head coach Jon Sumrall speaks after spring practice at Sanders Practice Fields in Gainesville, FL on Tuesday, April 7, 2026. [Alan Youngblood/Gainesville Sun]
May 26, 2026

No Consensus Among SEC Coaches Over CFP Expansion

“I’m really more worried about the financial burden that we’re under right now.”
Dec 31, 2025; Orlando, FL, USA; Texas Longhorns quarterback Arch Manning (16) runs with the ball against the Michigan Wolverines during the first half at Camping World Stadium.
May 25, 2026

Sankey: No Decision on CFP Expansion Expected This Week

Sankey said the meeting was the most-anticipated of any in recent memory.