Last year was epic for sports law. Expect the same in 2023. Here are five key predictions:

1. College Athletes as Employees Will Make Legal Headway

College athletes could become recognized as employees of their schools, conferences and the NCAA in five ways: 1. court ruling; 2. NLRB decision; 3. new federal law; 4. new state law; or 5. voluntary recognition by schools, conferences and/or the NCAA.

While employee recognition is unlikely in 2023, expect significant movement.

In Johnson v. NCAA, college athletes argue they are employees in the same vein as their work-study classmates, who are owed minimum wage and overtime pay consistent with the Fair Labor Standards Act. Some of those work-study students earn money working at the games where athletes can’t be paid. The case is before the U.S. Court of Appeals for the Third Circuit. If the players prevail, the NCAA will petition the Supreme Court. Johnson could be the real game-changer.

The NLRB, meanwhile, could find that athletes at USC—and by extension of those of other private colleges—are employees under the National Labor Relations Act and could unionize. That issue won’t be resolved this year, but the further the controversy advances, the more the NCAA and schools will worry.

Expect new bills in Congress and at the state level to recognize college athletes as employees. They’ll attract headlines but will face long odds.

The true wild card would be if the NCAA, under new president Charlie Baker, voluntarily declares...

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