The NWSL Players Association is speaking out, filing a grievance against the league's new "High Impact Player" rule on Monday after claiming that the mechanism violates both the CBA and US labor laws.
"Player compensation is a mandatory subject of bargaining," the union said in its Wednesday statement. "The League has no authority to unilaterally create a new pay structure that bypasses negotiated rules."
The union requested "immediate rescission of the HIP Rule, an order requiring the League to bargain in good faith over any proposed Player compensation rules prior to implementation, and to make-whole relief for any Players impacted by the League's unilateral actions."
With the future of stars like Trinity Rodman hanging in the balance, the "High Impact Player" rule allows clubs to exceed the salary cap by up to $1 million so long as players qualify under specific criteria — measures that a mere 27 current NWSL athletes currently meet.
The NWSLPA instead suggested simply raising the overall salary cap by $1 million, with the NWSL going on to institute the rule despite union objections.
"We want to make sure everybody has a level playing field," NWSLPA executive director Meghann Burke told The Athletic in December. "If the league can come in here and put their thumb on the scale…they can put their thumb on the scale of any player's contract negotiation."
With free agency heating up, players making moves, and the 2026 NWSL preseason kicking off, the pressure is mounting for both sides to figure out a lasting fix.
The WNBA continued its holding pattern this week, with the league and WNBPA reportedly agreeing to a moratorium on free agency transactions while still negotiating a new CBA.
The league office and players union did not reach a deal prior to last Friday's deadline expiration, with both parties choosing to move into a status quo period in which the old CBA terms remain in effect — rather than negotiate a third extension.
While the moratorium puts the 2026 WNBA season's free agency period in question, it also allows teams to avoid making offers to players that are unlikely to sign under the expiring CBA with its likely lower compensation thresholds than the expected incoming deal.
With nearly every WNBA veteran signing short-term deals in anticipation of the new CBA last offseason, all but two league vets are free agents entering 2026 — and while a work stoppage isn't currently imminent, the clock is ticking.
The league originally set the free agency period to begin this week, with 2026 newcomers the Toronto Tempo and Portland Fire now sitting in a holding pattern as the incoming franchises await the stalled expansion draft details.
Roster building aside, the moratorium does allow for other aspects of league business to continue, with players still able to access team facilities and openly communicate with team executives.
The WNBA CBA deadline came and went on Friday, leaving the league and the players union in a status quo holding pattern while negotiations drag on.
The WNBA and WNBPA are continuing talks under the conditions of the previous CBA, without a moratorium on offseason activity like qualifying offers to restricted free agents.
The league originally set the opening to begin free agency conversations for January 11th, allowing teams to now start sending offers through January 20th — though those proposed deals must abide by the terms of the expired CBA.
Amidst the deluge of one-year deals inked last offseason in anticipation of a renegotiated CBA — and the significant compensation bump likely to result from a new agreement — nearly all WNBA veterans are now free agents, with reports indicating that players aren't eager to sign contracts under the old CBA.
This year's free agency period also hinges on the league's expected two-team expansion draft, with incoming franchises Portland and Toronto unable to build their rosters due to the ongoing CBA delays.
Though the WNBA is reportedly not yet considering locking out the players, the WNBPA recently reserved the right to formally authorize a work stoppage through a strike measure, saying the "WNBA and its teams have failed to meet us at the table with the same spirit and seriousness."
The WNBA and WNBPA remain in a negotiations deadlock, with New York Liberty star Breanna Stewart telling reporters that the two parties will not reach a CBA resolution before Friday night's extended deadline expires.
"We are not coming to an agreement by tomorrow, I can tell you that," Stewart said Thursday from Unrivaled 3×3's Miami campus. "We're just going to continue to negotiate in good faith."
The WNBA will now enter into a status quo period under the old CBA, in which negotiations will continue beyond the formal deadline.
Last month, the WNBPA voted to give union leadership permission to strike should that become necessary, but players view a total work stoppage as a last resort.
"[A strike is] not something that we're going to do right this second, but we have that in our back pocket," Stewart clarified.
The league and its players remain far apart on revenue sharing, among other issues, as the union pushes for more equitable gross distribution while the WNBA looks to offset expenses with a net sharing mechanism.
Though things are still up in the air, the union does seem to be taking precautions, announcing the launch of WNBPA Player Hubs on Thursday — resources for players "when team facilities are off-limits."
Described as "training facilities offering WNBA players continued access to courts, weight rooms, and recovery spaces throughout the offseason," the global network of university gyms and other performance centers will help athletes stay fit "regardless of league operation."
Unrivaled leadership is back in the hot seat, telling reporters at Monday's Season 2 tip-off that the offseason 3x3 league is open to whatever the future might bring — even if it's a formal partnership with the WNBA.
"We're not in constant dialogue about that," Unrivaled president Alex Bazzell said from Miami. "But as I've made very clear, we are open to growing the ecosystem, whichever way that looks like."
"Nothing is on the table or off the table," he continued. "I'm not going to speculate what could happen down the road, but everyone knows our door is always open."
As reported prior to the 3×3 upstart's inaugural 2025 season, Unrivaled co-founders Breanna Stewart and Napheesa Collier had approached the WNBA about a potential equity stake — in part to further illustrate that the new venture is complementary, rather than in competition with, the WNBA — but league leadership turning down the offer, citing a possible rules violation.
Questions have since come up about Unrivaled becoming a prioritization issue for players under the WNBA's still-developing CBA, but Bazzell underlined the league's benefits as being supplemental, rather than in direct conflict with the 5x5 league.
"As long as you can look at the space through an innovative lens, anything is doable," he said. "Anything is possible."
The NWSL Players Association is not on board with the league's latest proposal, rejecting the NWSL's new "High Impact Player" rule allowing teams to exceed the salary cap by up to $1 million to retain star athletes.
According to the current CBA, the union — rather than the league — has the final sign-off on all changes regarding compensation.
"The league is trying to control and interfere by trying to dictate which players [benefit from] this pot of funds," NWSLPA executive director Meghann Burke told ESPN. "How you measure a player's value, both in terms of sporting merit and business criteria, is nuanced. It is more complicated than a handful of bullet points."
The NWSLPA has instead suggested that the league simply raise the 2026 salary cap by $1 million, giving clubs the same spending discretion without the star player mechanism.
Citing concerns about the rule's potential long-term implications on the market, roster structures, and locker-room culture, Burke noted that "We just don't feel that it delivers anything of value that simply increasing the team salary cap wouldn't, without having negative consequences."
"Our position is that teams — GMs, soccer ops, business folks at the team level — are uniquely positioned to make judgment calls about how to structure their rosters, how to negotiate deals," Burke continued. "It is within the purview of the teams to make those judgement calls, and in a system of free agency like we all agreed to, that's how it works. It's a free market."
"We are actively reviewing feedback from the NWSLPA as part of the consultation process outlined in the CBA," an NWSL spokesperson said in response.
"The league remains committed to being the home of the world's best talent, and this path gives our clubs the opportunity to pursue that goal while raising overall player investment."
The WNBA Players Association has spoken, voting on Thursday to authorize a players strike "when necessary" as CBA talks stall well into a second extension period from the original deadline to reach a deal.
With 93% of eligible players participating, 98% voted in favor of giving union leadership the authority to call a work stoppage.
"The players' vote is neither a call for an immediate strike nor an intention to pursue one," clarified the WNBPA in a Thursday release. "Rather, it is an emphatic affirmation of the players' confidence in their leadership and their unwavering solidarity against ongoing efforts to divide, conquer, and undervalue them."
While not a direct indicator of intent, the strike vote does give the WNBPA another CBA negotiating tool as players and WNBA leadership remain at odds.
According to ESPN sources, the league's newest proposal includes an uncapped revenue sharing model that would raise maximum WNBA salaries above $1.3 million — while the WNBPA fights for 30% of gross revenue.
The WNBA later released a response to the union's vote, stating, "It is difficult to understand claims that the league is resistant to change, particularly given that we are proposing numerous CBA modifications including significant immediate salary increases and a new uncapped revenue-sharing model that would ensure continued salary growth tied to revenue growth."
After two extensions, the current deadline to reach a CBA is January 9th — though if negotiations falter, either the WNBA or the union can end the extended talks with 48 hours of notice.
Months after Napheesa Collier set the WNBA ablaze with her viral exit interview criticizing league leadership, the Minnesota Lynx star said "nothing has changed" at the front office level as CBA negotiations stall.
"The conversation has been had now [and] people are seeing that changes need to be made," Collier said this week from Miami, where Unrivaled 3×3 is gearing up for its second campaign.
"I feel confident in the [union] and where we are internally with our players and the future," she continued.
In her October press conference, Collier publicly called the WNBA front office "the worst leadership in the world," putting commissioner Cathy Engelbert in the hot seat amid tense CBA negotiations with serious implications on next season's play.
The league and the WNBPA are currently sparring over revenue sharing, with diverging compensation expectations further distancing the two sides.
"Obviously, there's frustration in that both sides are trying to get what they want, but we still have that fire within us that we're willing to do what it takes," Collier said. "We're going to do whatever it takes to get what we think we deserve."
As talks drag on, Collier sees Unrivaled — the offseason 3×3 league she co-founded with New York Liberty star Breanna Stewart — as fueling the players' fight.
"Us being here in December and January until March, it's a crucial time in the CBA," Collier acknowledged.
"Having us all in one place is beneficial," she explained. "To have players congregate in that way, where you can have those in-person conversations and updates like that, that does help to get things moving more quickly."
One of the newest WNBA teams stepped out this week, as the Toronto Tempo unveiled their debut jerseys Tuesday ahead of their inaugural 2026 season.
"Today marks another meaningful milestone on our journey to bringing Canada's first WNBA team to life," Toronto CMO Whitney Bell said in Tuesday's release. "Every detail of these uniforms is intentional."
The designs feature the team's signature Borealis Blue and Tempo Bordeaux colors, with six speed lines down the sides mirroring the Tempo's logo.
"We've created a design that brings our brand to life and represents our city, our fans, and our team," said Bell. "We cannot wait for our players — and our fans — to wear them with pride."
While the WNBA expects that Toronto will hit the court next season alongside fellow incoming franchise the Portland Fire, stagnant CBA negotiations have delayed both expansion drafts.
In the meantime, the teams are moving forward with staff hirings and the development of on- and off-court identities as they wait to build out their rosters.
How to purchase the inaugural Toronto Tempo jerseys
While there is no release date yet for the team's "Heroine" jersey, the Toronto Tempo's "Explorer" jersey will be available for purchase beginning in January.
Fans looking to snag a jersey can sign up to receive the latest drop dates at TorontoTempo.com.
Tensions remain high between the WNBA and WNBPA, after The Athletic reported on Monday that the latest CBA proposal from Players Association more than doubles the league's revenue share offer — suggesting a deepening rift in negotiations.
The union outlined a deal that would give players around 30% of total WNBA and team revenue — a significant leap from the league's proposed 15% share.
According to sources, the WNBPA also suggested linking the salary cap to the previous season's total revenue, factoring in player benefits and the number of teams in the league.
The move intends to undercut an accusation from the WNBA that the players have yet to put forward an economically viable revenue sharing model.
The union's proposal begins at 29% of the prior season's total league grosses, then grows to 34% by the final year of the CBA with a one-time adjustment for the new 11-year, $2.2 billion WNBA media rights deal.
Notably, the league recently rejected a flat 33% revenue share CBA proposal, prompting this week's 1%-per-year increase system in response.
It's clear that the WNBA office and the WNBPA are at odds, but the union is showing their work as both sides strive for a CBA that will keep players on the court in 2026.