The National Collegiate Athletic Association and the Power Five Conferences are facing a new class-action lawsuit accusing them of artificially suppressing strength and conditioning employment and suppressing wages, according to Hagens Berman, the same firm that secured a $22.78 billion settlement concerning athletes’ name, image and likeness rights.
Attorneys filed the lawsuit July 31, 2026, in the U.S. District Court for the Northern District of California, accusing the sports governing body of “unlawful and anticompetitive agreements” that artificially limit the number of Division I Football Bowl Subdivision (FBS) strength and conditioning coaches hired. This in turn suppresses competition for coaching talent, depresses compensation and eliminates employment opportunities that would otherwise exist, according to the lawsuit.
“Rather than allowing schools to compete for talent and hire as many qualified professionals as their needs and resources justify, the NCAA’s restriction artificially suppresses employment opportunities, depresses wages, and limits competition for these specialized positions,” the lawsuit states. “In virtually any other industry, an agreement among competitors to fix the number of workers that may be hired would be condemned as a naked horizontal restraint of trade and would draw immediate antitrust scrutiny.”
Foul Play
The lawsuit alleges that the hiring practices agreed upon between the conferences – Pac-12, Big Ten, Big Twelve, Southeastern and Atlantic Coast – and the NCAA artificially suppress competition, and that coaching talent pays the price.
“In the same way FBS schools in the NCAA’s Power Five Conferences compete on the field, they also compete to hire the best football coaches and conditioning professionals to train their teams,” said Steve Berman, managing partner and co-founder of Hagens Berman. “Currently, no more than five coaches can be hired by any one school, creating an artificial cap on employment in this highly specialized area requiring certifications and extensive knowledge.”
According to the lawsuit, strength and conditioning coaches are vital to elite-level college football programs because they bridge the gap between raw athletic talent and on-field performance, including power, speed, agility and endurance as well as injury prevention, recovery and mental toughness, lending a competitive edge to the team. Additionally, they are often involved in recruiting and retention, serving a vital role in the highly competitive landscape of FBS college football, the highest level of competition, greatest resources and top-level coaching talent. Under Bylaw 11.7.4.4, the hiring of these professions for football programs – and for no sport – are capped both in number and in function.
“Demand and compensation have been pushed to record levels due to the enormous revenue and prestige of the NCAA and the outstanding talent of college athletes,” Berman said. “Despite this increasing demand – and likely because of it – we believe the NCAA has imposed an unlawful restraint on this labor market, capping the number of coaches teams employ. In this play, coaches and athletes lose.”
The lawsuit states, “Absent this restraint, FBS schools would compete for strength and conditioning coaching talent in the same way they compete for talent in other football coaching positions—by hiring additional qualified individuals.”
The NCAA’s approximately 133 Division 1 FBS programs manage large rosters of up to 105 players, according to the lawsuit.
Litigation vs. NCAA Legislation
The firm’s latest lawsuit is yet another instance of litigation against policies stemming not from independent decision-making by individual institutions, but rather collectively imposed through the NCAA’s legislative process. The lawsuit follows the firm’s extensive history of standing up for NCAA athletes’ rights against NCAA restrictions and policies, including In re College Athlete NIL Litigation, set to pay college athletes over a 10-year period, eliminate rules prohibiting schools from making direct payments to athletes, and dramatically expand the availability of compensation and benefits available to athletes. Additional litigation brought by Hagens Berman in this space covers concussion safety protocols, grants-in-aid scholarships and more.
The class action seeks injunctive relief permanently restraining defendants from enforcing these restrictive agreements curtailing the number of strength and conditioning coaches that FBS football programs can employ.
Find out more about the lawsuit against the NCAA on behalf of strength and conditioning coaches.
Hagens Berman is a global plaintiffs’ rights complex litigation law firm with a tenacious drive for achieving real results for those harmed by corporate negligence and fraud. Since its founding in 1993, the firm’s determination has earned it numerous national accolades, awards and titles of “Most Feared Plaintiff’s Firm,” MVPs and Trailblazers of class-action law. More about the law firm and its successes can be found at hbsslaw.com. Follow the firm for updates and news at @ClassActionLaw.
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