A few states currently do not allow non-compete and/or not enforceable by law. I believe OK and CA are two of them.

But becoming employees is not that easy and if any of these athletes are getting sound advice, they would stay NIL and avoid becoming an employee.

Once they become an employee the NCAA would no longer exist or would there be a need for it as they would have no jurisdiction with regard to said athletes.

It would also not be the same as some states are Union and others right to work. Not to mention the "at will" states that could fire a player without any warning, so basically anytime during the season.

Also, not to mention if still are treated like students working towards a degree any benefit given to them for education, boarding, meals, and travel to sporting events could be considered income. Not sure the majority of Olympic sport athletes could afford that tax bracket. Not to mention the jock tax that many would get hit with.

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In other ways it will straighten out the portal circus.

The only way to fix the issue is for the schools to decide as a collective to handle the situation. But as long as there are programs that are going to try and use it to their advantage thinking it will give them a step up on their competition it will remain as it is.