NCAA Athletics in the Crosshairs: 5 Legal Challenges to Expect in 2023

January 9, 2023

The NCAA has long been a target for legal challenges, and it looks like 2023 will be no different. From the ongoing debate over whether NCAA athletes should be recognized as employees to the highly-anticipated House v. NCAA trial, there are plenty of legal issues on the horizon. In this article, we'll take a look at five key predictions for the future of sports law in 2023 and what they could mean for NCAA athletics.

1. College Athletes as Employees:

   One of the biggest legal battles facing the NCAA is the question of whether college athletes should be recognized as employees. This could have significant implications for college sports, as it would entitle athletes to minimum wage, overtime pay, and other employee benefits. There are several ways this could happen, including a court ruling, a decision from the National Labor Relations Board (NLRB), or new federal or state laws. While it's unlikely that employee recognition will be achieved in 2023, we can expect to see significant progress on this issue.

   One case to keep an eye on is Johnson v. NCAA, in which college athletes argue that they should be treated the same as work-study students, who are entitled to minimum wage and overtime pay under the Fair Labor Standards Act. The case is currently before the U.S. Court of Appeals for the Third Circuit, and if the players win, the NCAA is likely to appeal to the Supreme Court.

   The NLRB could also play a significant role in this debate, as it is currently considering whether athletes at private colleges, such as USC, are employees under the National Labor Relations Act and therefore have the right to unionize. While this issue won't be resolved in 2023, it will continue to be a major concern for the NCAA and schools.

   We may also see new bills introduced in Congress and at the state level that would recognize college athletes as employees. While these bills will likely attract a lot of attention, it's unlikely that they will pass.

2. House v. NCAA:

   Another legal battle to keep an eye on in 2023 is House v. NCAA, also known as In Re College Athlete NIL Litigation. This case alleges that the NCAA and its member schools violated antitrust law by denying athletes the opportunity to earn money from endorsements and other forms of name, image, and likeness (NIL). The case is being presided over by Judge Claudia Wilken, who also oversaw successful lawsuits brought by Ed O'Bannon and Shawne Alston. The trial is scheduled for September 16, 2024, but there will likely be several developments in the case leading up to that date.

   The outcome of this case could have major implications for college sports, as it could entitle athletes to a share of the billions of dollars in revenue generated by the NCAA. It will be interesting to see how this case plays out and what impact it could have on the future of NCAA athletics.

3. NIL Controversy Continues:

   The issue of name, image, and likeness (NIL) payments has been a hot topic in the world of college sports for several years, and it doesn't look like that will change in 2023. There is a growing debate over the line between NIL and pay-for-play, with coaches, broadcasters, and politicians expressing concern about the future of college sports. The NCAA has issued multiple statements warning against the use of NIL payments to induce recruits, but it has not taken any concrete action on the issue.

   In 2023, we can expect to see more hand-wringing over NIL, but it's unlikely that there will be any major changes to the current system. Members of Congress will continue to propose NIL bills, but so far, none of these bills have made it out of committee. While it's possible that we could see some progress on this issue in the coming year, it's more likely that the debate will continue without any resolution.

4. A-List Athletes Exercise Caution with Endorsement Opportunities:

   Many high-profile athletes have faced criticism in the past for aligning themselves with questionable endorsement opportunities. In 2023, we can expect to see more caution from A-list athletes when it comes to choosing endorsement partners. This is especially true in the wake of the collapse of FTX and the prosecution of its founder, Sam Bankman-Fried. Several influential individuals, including members of Congress and wealthy investors, were caught up in the hype surrounding FTX and were ultimately left with egg on their faces. This experience is likely to make top athletes more cautious about the companies they choose to associate with.

5. NCAA Faces Legal Challenges Over Health Issues:

   The NCAA has faced a number of legal challenges in recent years over its handling of concussions and other health issues facing college athletes. In 2023, we can expect to see more of these types of cases as athletes continue to push back against the NCAA's handling of health and safety concerns. This is a particularly important issue, as college athletes are at a higher risk of suffering serious injuries due to the demands of their sport. It will be interesting to see how these cases play out and what impact they could have on the future of NCAA athletics.

As we can see, there are a number of legal challenges facing the NCAA in 2023. From the ongoing debate over whether NCAA athletes should be recognized as employees to the high-stakes House v. NCAA trial, it's clear that the future of college sports is far from certain. While it's impossible to predict exactly what will happen in the coming year, one thing is for sure: the NCAA will continue to face significant legal challenges that could shape the future of college athletics.

EducationLawyers.com
888-959-5529

At EducationLawyers.com, we offer a range of services to individuals who are facing legal issues related to the NCAA or are in need of management or advice as athletes. As a full-service sports law and education law firm, we have a deep understanding of the complex intersection of these two areas of law and are well-equipped to assist our clients with a wide variety of legal issues and challenges.

In addition to providing legal representation and guidance, we also offer sports agent and management services to help athletes navigate the often-complicated world of college athletics. Our team of experienced sports lawyers and education lawyers is committed to helping our clients succeed both on and off the field, and we are dedicated to providing the highest level of service and support to all of our clients. If you are in need of legal assistance or management support, please don't hesitate to contact us. We are here to help.