Could College Athletes Become Employees? House v. NCAA and the General Counsel Model for College Sports
With the pending resolution of House v. NCAA, a long-standing question in college athletics is gaining new urgency: Are student-athletes on the path to being classified as employees? While the courts haven’t answered that definitively (yet), the legal, financial, and operational consequences of that shift are already rippling across the NCAA landscape.
At The Jones Firm, we believe institutions must now prepare not just for new rules, but for an entirely new model of risk management—similar to the legal infrastructure used by professional sports organizations. That means having outside general counsel with sports law, employment, NIL, and regulatory experience available to advise proactively—not reactively—on every deal, dispute, and decision.
From Amateurism to Employment: A Legal Shift in Progress
The proposed settlement in House v. NCAA would:
- Establish a multi-billion-dollar damages fund for athletes
- Authorize future revenue sharing between schools and athletes
- Increase pressure on courts, Congress, and the NLRB to reclassify athletes as employees
Combined with:
- NLRB complaints asserting that athletes perform labor for compensation
- State-level laws increasing athlete rights
- Ongoing unionization efforts at some institutions
…it’s no longer a matter of if, but when the employment model will reshape college sports.
Why General Counsel-Level Support Is Now Essential
Professional teams—from the NFL to MLS—operate with dedicated legal departments or retained general counsel who advise on:
- Player contracts and negotiations
- Labor disputes and collective bargaining
- Licensing and IP strategy
- Sponsorship and brand partnerships
- Risk management, insurance, and litigation exposure
Collegiate athletics departments, by contrast, often lack specialized legal counsel in-house and rely on central university legal offices—creating delays, risk exposure, and missed opportunities for compliance and innovation.
The Jones Firm as Your Outside General Counsel for Athletics
We offer athletic departments, NIL collectives, and university stakeholders the ability to access outside legal counsel on-demand, with the same responsiveness, discretion, and strategic acumen expected at the professional level.
Our model includes:
✅ NIL Deal Structuring & Oversight
- Drafting and reviewing athlete-brand agreements
- Ensuring FTC, IRS, and NCAA alignment
- Advising collectives on operational best practices
✅ Employment & Labor Advisory
- Monitoring employment law developments and unionization risks
- Advising on contractor vs. employee classification
- Drafting policies, waivers, and compliance protocols
✅ Title IX Compliance & Equity Analysis
- Reviewing athlete compensation structures for gender equity exposure
- Providing proactive audits and mitigation strategies
✅ Dispute Resolution & Risk Mitigation
- Representing schools and collectives in litigation or arbitration
- Providing pre-litigation dispute counseling to reduce exposure
✅ IP, Licensing, and Brand Strategy
- Protecting school trademarks and athlete co-branded deals
- Negotiating media rights, merchandising, and sponsorship contracts
A Proactive Legal Partner in a Post-House Era
As athletes push toward employment recognition, the legal and regulatory scrutiny on universities, conferences, and collectives will intensify. Institutions that succeed in this new era will be those that treat legal operations as strategic infrastructure, not afterthoughts.
The Jones Firm offers a modern general counsel solution tailored to the complexity of today’s college sports ecosystem—delivering sports, labor, and commercial law expertise in a flexible, outside counsel format.
Conclusion
If student-athletes become employees—or even if they don’t—the legal reality of college athletics has already changed. The Jones Firm is here to help you adapt, protect your institution, and lead in this new era.
Looking to build a professional-grade legal model for your athletic department or NIL collective? Contact The Jones Firm today to schedule a consultation.
