In a brief notice filed last week in U.S. District Court in San Francisco, the attorneys said they intended to appeal Judge Richard Seeborg’s decision last month to the 9th Circuit Court of Appeals.
Dawson, who played for USC from 2011 through 2015, alleged the NCAA and Pac-12 violated California law and the Fair Labor Standards Act by not paying football players minimum wage or overtime.
The NCAA asked the judge to dismiss the case in November, arguing that paying athletes “could jeopardize the long-term sustainability of college sports.”
Seeborg granted the motion last month. In a sharply-worded opinion, the judge wrote that the case was based on “untenable legal theory” and “there is simply no legal basis for finding them to be ‘employees’ under the FLSA.”