The National Collegiate Athletic Association is set to spar Feb. 15 with Division I college athletes fighting to prove they can be considered employees.

Their case, pending before the US Court of Appeals for the Third Circuit, has major implications for the future of college sports, which brought in a record $1.16 billion in 2021.

Students won the last round, putting pressure on attorneys for the NCAA and its top tier member schools to make a goal line stand, halting the athletes’ advance before they score their ultimate victory: recognition as revenue generating workers.

“It’s really a very narrow question before the Third Circuit,” George Washington University law professor Ellen Zavian said. “The court is looking at whether the defendants can prevail on a motion to dismiss. The crux isn’t whether the athletes ARE employees, but whether they CAN BE considered employees. It’s a step process.”

Student athletes have been fighting for recognition as employees in the big money world of college sports since at least 2014 when a group of Northwestern University football players first attempted to form a National Labor Relations Board-recognized bargaining unit.

Circuit Split Potential

If the Third Circuit rules that the athletes can go forward with their claims, it would create a split with the Seventh and Ninth circuits, making it more likely the Supreme Court will review the case.

But resolution of the question whether the NCAA and schools must compensate athletes as...

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