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Stanford Football and the Next Phase of College Sports Labor Rights

By Callan G. Stein, Michael S. Lowe & Christopher M. Brolley on July 31, 2026
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Stanford University Campus
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Table of Contents

  • What Stanford’s CFBPA Chapter Is — and What It Is Not
  • The Legal Hurdle: Employee Status Remains the Central Question
  • Why NIL and Revenue Sharing Change the Analysis
  • Institutional Response: Neutrality Today May Matter Tomorrow
  • What’s Next?
  • Conclusion

On July 27, 2026, Stanford University football players took a notable step in the continuing transformation of college athletics. The team became the first college football program to form a current, player-led chapter of the College Football Players Association (CFBPA), an organization advocating for player representation, collective bargaining, and improved protections for college football players. Stanford’s announcement is significant not because a union is imminent, but because it suggests that NIL, revenue sharing, and collective bargaining may now be moving toward the same legal and commercial conversation.

Link to What Stanford’s CFBPA Chapter Is — and What It Is Not What Stanford’s CFBPA Chapter Is — and What It Is Not

Stanford’s players have not filed a union petition with the National Labor Relations Board (NLRB). They have not formally sought recognition as employees. And they have not demanded that Stanford bargain with them. Instead, they organized a campus-level chapter of the CFBPA, a players’ association designed to educate, organize, and advocate on behalf of college football players.

The distinction matters because the CFBPA’s apparent strategy is incremental and conference-based. The organization has indicated that player chapters could become the building blocks for future conference-wide collective bargaining. For Stanford, now a member of the Atlantic Coast Conference (ACC), that would likely require organizing momentum at other conference schools before any formal bargaining effort could realistically proceed.

That makes this development less of a legal filing and more of an infrastructure play. It is an effort to create player representation before a legal mechanism for bargaining is fully settled.

Link to The Legal Hurdle: Employee Status Remains the Central Question The Legal Hurdle: Employee Status Remains the Central Question

For attorneys and administrators, the threshold legal issue remains whether college athletes can be treated as employees for purposes of labor law. That question has been contested for years, as more recent efforts involving several other programs have also faced political and doctrinal headwinds.

The composition of the NLRB matters because labor-law doctrine in this area remains unsettled and politically sensitive. A more labor-friendly Board could be more receptive to arguments that athletes in revenue-generating sports perform services under conditions resembling employment, whereas a more employer-friendly Board could resist that characterization or decline to move the doctrine forward.

There is also a structural complication: the NLRB generally covers private-sector employment relationships, while many major college football programs are housed at public universities. That means any national or conference-wide collective bargaining model would need to account for public-sector labor laws, which vary by state and may not allow public university athletes to unionize in the same way as private-sector employees.

Link to Why NIL and Revenue Sharing Change the Analysis Why NIL and Revenue Sharing Change the Analysis

What makes the Stanford chapter different from earlier organizing efforts is the broader commercial environment in which it arises. College athletics no longer operates under the same “amateurism” assumptions that dominated the pre-NIL era.

Since 2021, athletes have been permitted to earn compensation from third parties for NIL activities. More recently, the House v. NCAA settlement opened the door to direct revenue-sharing payments from schools to athletes. Those developments do not automatically make athletes employees. But they do make the old amateurism framework harder to maintain as a practical and legal explanation for the modern college-sports economy.

Link to Institutional Response: Neutrality Today May Matter Tomorrow Institutional Response: Neutrality Today May Matter Tomorrow

One important practical issue is how schools, conferences, coaches, and athletic department personnel respond to organizing activity. Reports indicate that Stanford football leadership was aware of the players’ decision to form the chapter and did not publicly oppose it.

That type of response may become increasingly important. If athletes are eventually deemed employees — or if Congress, conferences, or courts create a bargaining framework — communications about organizing activity could carry legal significance. Institutions should therefore be thoughtful now about internal messaging, coach education, and compliance protocols, even before the law fully settles.

Link to What’s Next? What’s Next?

Stanford’s announcement is best understood as an early marker rather than an endpoint. Several issues will determine whether this moment becomes a footnote or the beginning of a more durable labor model for college sports:

  • NLRB composition and doctrine: The employee-status question will likely depend in part on the Board’s willingness to revisit or expand prior approaches to college-athlete labor rights.
  • State-law pathways: Public universities raise separate questions because state labor laws vary and may limit or shape collective bargaining rights for athletes at public institutions.
  • Conference-level organizing: The CFBPA’s strategy appears to depend on whether other programs form chapters and whether enough athletes can organize across a conference to make bargaining plausible.
  • Implementation of revenue sharing: As schools begin administering direct payments to athletes, the operational details may influence future arguments about control, compensation, and employee-like relationships.

Link to Conclusion Conclusion

Stanford football’s CFBPA chapter does not mean that college football players will be unionized tomorrow. The legal, political, and logistical obstacles remain substantial. But the announcement is important because it reflects a maturing phase of the NIL era: athletes are no longer merely seeking the right to earn money from their publicity rights; they are beginning to build structures through which they may seek a formal voice in the governance of the sport.

For universities, conferences, brands, collectives, and lawyers advising participants in the college-sports ecosystem, the takeaway is clear: NIL was not the end of the disruption. It was the beginning of a broader reordering of college athletics — one in which compensation, athlete rights, and collective representation are increasingly difficult to separate.

Photo of Callan G. Stein Callan G. Stein

Cal’s broad litigation and investigation practice encompasses white collar criminal matters, corporate and commercial civil litigation, internal investigations, and health care litigation. Cal frequently represents and advises higher education clients, particularly in areas related to collegiate athletics and Name, Image, and Likeness (NIL)

…

Cal’s broad litigation and investigation practice encompasses white collar criminal matters, corporate and commercial civil litigation, internal investigations, and health care litigation. Cal frequently represents and advises higher education clients, particularly in areas related to collegiate athletics and Name, Image, and Likeness (NIL) rights and compliance. Cal provides NIL compliance advice and internal investigation services to major universities, including those that participate in Division I football and basketball, and likewise advises schools on athletics contracts, conference affiliations, conference realignment, and other NCAA-related issues. Cal also represents and advises businesses on NIL contracts, as well as NIL collectives on formation and compliance matters. Cal hosts the firm’s “Highway to NIL” podcast that discusses the legal landscape and developments in the area of NIL law.

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Photo of Michael S. Lowe Michael S. Lowe

As a seasoned former federal prosecutor in Philadelphia and Los Angeles, Michael provides unique insights and practical guidance to clients facing investigation or prosecution for allegations of fraud and other financial crimes and civil False Claims Act suits. Michael is experienced in the

…

As a seasoned former federal prosecutor in Philadelphia and Los Angeles, Michael provides unique insights and practical guidance to clients facing investigation or prosecution for allegations of fraud and other financial crimes and civil False Claims Act suits. Michael is experienced in the NIL and higher education space. He currently represents an NCAA Division I athletic conference in connection with the settlement of the House antitrust litigation, as well as NIL issues and conference policies and procedures. He also has provided advice to an NCAA Division I university in connection with NIL and has experience with investigations of potential NIL violations. In addition to representing clients in this area, Michael frequently writes, speaks, and presents on cutting-edge NIL issues.

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Photo of Christopher M. Brolley Christopher M. Brolley

Chris concentrates his practice on federal and statewide product liability litigation through his representation of pharmaceutical and medical device companies involving mass tort, personal injury, and wrongful death claims across the U.S. He also represents clients at the state and federal level in…

Chris concentrates his practice on federal and statewide product liability litigation through his representation of pharmaceutical and medical device companies involving mass tort, personal injury, and wrongful death claims across the U.S. He also represents clients at the state and federal level in matters ranging from breach of contract and corporate governance to data privacy and security. Chris advises higher educational institutions of all sizes, including colleges and universities, on Name, Image, and Likeness (NIL) compliance issues. He provides comprehensive guidance on permissible and impermissible NIL activities and navigating state NIL laws, NCAA Bylaws, and other NCAA policies. Chris creates and implements tailored strategies for mitigating the potential risk of NCAA and state attorney general enforcement activity. He co-hosts the firm’s Highway to NIL podcast that discusses the legal landscape and developments in the area of NIL law.

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  • Posted in:
    Employment & Labor, Sports and Gaming
  • Blog:
    NIL Revolution
  • Organization:
    Troutman Pepper Locke
  • Article: View Original Source

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