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 NWSL has made a decision, as the league officially moves forward with its new "High Impact Player" rule despite stated opposition from the players union.
Announced last week, the rule change allows clubs to exceed to the NWSL salary cap by up to $1 million to attract or retain players that meet one of eight qualifying metrics set by the league.
Those metrics include major media award rankings like the 30-player Ballon d'Or shortlist and ESPN FC's Top 50 Football Players, as well as marketing power, top USWNT minutes, and end-of-year NWSL awards.
Developed with Washington Spirit superstar — and current free agent — Trinity Rodman and her potential contract in mind, the "High Impact Player" rule will not go into effect until July 1st, 2026.
Meanwhile, the NWSLPA has spoken out against the mechanism, proposing instead to up the salary cap by $1 million without league-imposed spending regulations.
"Under federal labor law, changes to compensation under the salary cap are a mandatory subject of bargaining — not a matter of unilateral discretion," the union wrote on Wednesday.
Additionally, per The Athletic, NWSLPA executive director Meghann Burke expressed concerns that the rule ties top athlete pay, in part, to player valuations in third party publications — a move that externally defines who a club can consider "high impact."
Led by six Kansas City athletes and five from Gotham FC, just 27 current NWSL players across 10 of the 16 clubs in the expanded 2026 season meet the new HIP qualifying criteria — though all teams could use the mechanism to attract a new athlete to the league.
In a growing global market, the NWSL could be falling into a trap of half-measures, as the union pushes back with league parity potentially on the line.
USWNT star Catarina Macario could be on the move, with ESPN reporting Monday that numerous interested NWSL teams may make a play for the 26-year-old Chelsea FC forward in 2026.
Macario's contract with the reigning six-time WSL champions expires on July 1st, though FIFA regulations allow her to sign with a new club as early as January, with other European clubs expected to join hopeful NWSL teams in the race.
Despite leading the USWNT with eight goals in 2025, Macario did not dress for Chelsea's recent UWCL league-phase finale against Wolfsburg last week, with the attacker starting just six of the Blues' 11 WSL matches so far this season.
Should an NWSL club make an offer, its viability could hinge on the league's current salary cap dispute, with the Board of Governors suggesting the adoption of a "High Impact Player" rule to help teams keep or attract big names.
However, the NWSL Players Association came out against the mechanism last week, pushing instead to raise the overall cap to match any potential special relief.
Though a Macario NWSL deal is mere speculation at the moment, leagues on both sides of the Atlantic are beginning to grapple with the demands of retaining or drawing top talent in the increasingly competitive — and expensive — global women's game.
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 Washington Spirit are one step closer to securing Trinity Rodman, with ESPN reporting late Thursday that the NWSL Board of Governors approved a new "High Impact Player" roster mechanism which will allow teams to exceed the current salary cap in order to retain stars.
Designed for use on players crucial to a team's competitive and commercial bottom line, the rule would permit clubs to spend up to $1 million over the cap with a limited hit.
The change will still need approval from the NWSL Players Association, with the union maintaining the ability to negotiate any deviations from the league's compensation structure under the current CBA.
The 11th-hour move could help the Spirit put together a more lucrative contract to re-sign USWNT forward Trinity Rodman, though the team's previous offer remains under arbitration after the league office vetoed the deal.
The new roster mechanism will likely come with individual restrictions, with sources telling ESPN that the NWSL "refined and updated" the "exact qualifications for players eligible for the new funds" prior to Thursday's board approval.
Notably, this is not the first time the league has made such a move to blur the salary cap line in order to keep star talent on its rosters.
The NWSL made similar salary cap concessions in 2020, introducing extra allocation money for certain top-line players before deciding to discontinue the rule by the end of 2026.
While the NWSL remains committed to the established salary cap, the league is also coming up with loopholes to compete in the growing global market — but only the future can tell whether the move is too little, too late to keep Rodman in DC.
The Washington Spirit are all in on forward Trinity Rodman, with club GM Nathan Minion telling reporters that the 2025 NWSL runners-up are working "pretty much daily" to re-sign the free agent despite salary cap concerns.
"I think everyone's trying to work together to get a deal in place," said Minion, acknowledging that the NWSL and the Spirit are actively working with each other to retain the 23-year-old star. "[We're] trying to figure this out and trying to get a resolution that can hopefully keep Trinity here with us for a long time."
"The reality is our current salary cap structure — it was built for a different era of women's soccer," said the DC club's recently hired president of soccer operations Haley Carter. "We're going to need mechanisms that allow NWSL clubs to compete for not only players from overseas, but our own players."
The NWSL vetoed the multi-million dollar offer from the Washington Spirit to keep Rodman last week, with the NWSLPA subsequently filing a grievance claiming the league violated the USWNT attacker's free agency rights by blocking the deal.
"These are nuanced conversations, and I would love to just toss the salary cap out the window and pay the players," said Carter. "But we also have to appreciate that, pragmatically, it isn't always payroll that's going to keep our athletes here. It's investment in other things as well."
"We are going to have to start getting creative, I believe, because it's bigger than just one team," continued Carter. "It's bigger than just one player. It's about the league's ability to keep its best players in this league as we continue to grow."
The NWSL may be forcing Washington Spirit superstar Trinity Rodman to "look elsewhere" for her next contract, after the league vetoed a multi-million dollar offer from her current squad last week, Rodman's agent told CBS Mornings last Friday.
"We worked really hard to put together an agreement that we felt complied with the CBA and would keep Trinity in the league for the foreseeable future," said Rodman's rep Mike Senkowski.
"With no certain way to get her fair market value within the NWSL, naturally, that forces you and encourages you to look elsewhere," he continued.
While the fight to keep Rodman Stateside is not over, with the NWSLPA filing a grievance last week arguing that the league office's mandate to reject the Spirit's back-loaded contract — worth more than $1 million per year — is a free agency violation, the NWSL appears unwilling to budge.
In a weekend clarification to The Athletic, an NWSL source noted that commissioner Jessica Berman contests that the Spirit's offer to raise Rodman's compensation in the contract's later years would pull Washington out of salary cap compliance in 2028, with the league disagreeing with the club regarding the potential cap growth under a new broadcast deal.
The league source also noted that the offer has a built-in buyout clause, which the NWSL believes signals an admission of possible salary cap circumvention.
As the Washington Spirit and NWSL fans hope for a win from the union's grievance, the door to recruit Rodman elsewhere seems to be wide open for overseas clubs — particularly those with deep pockets.
The NWSL Players Association has filed a grievance against the NWSL in response to the league's reported veto of a multi-million-dollar contract offer from the Washington Spirit to retain star forward Trinity Rodman, alleging that blocking the deal puts the NWSL in violation of multiple sections of the current CBA.
Commissioner Jessica Berman reportedly vetoed a four-year deal that would see Rodman earn an average of more than $1 million per year, saying the back-loaded structure of the contract violated "the spirit" of the league's rules by trying to "circumvent" the salary cap.
Calling it a "flagrant" violation of Rodman's free agency rights, the NWSLPA instead asserts that scaled contracts are legal under the current CBA, which includes a section specifically stating that "a player's free agency rights as set forth herein supersede any other inconsistent NWSL rules, regulations, handbooks, or competition guidelines."
"It comes down to a very simple premise," NWSLPA executive director Meghann Burke told The Athletic. "If they can mess with Trinity Rodman's free agency rights, they can mess with anyone's. And we won't stand for that."
Estimated salary cap growth could back Rodman's deal
Notably, while the salary cap increases each year, team revenue share from the previous season is tacked onto the base annual number, meaning all multi-year player contracts are calculated using best estimates for future salary cap figures.
In Rodman's case, the Spirit are estimating that a new NWSL media rights contract in 2028 will likely raise the salary cap beyond its current base of $4.7 million.
The CBA also provides for a contract buyout for teams to remain in compliance should those salary cap estimates supersede the actual cap in the future.
"All parties can do is make a good faith estimate of what they think it's going to be to negotiate fair market value," Burke explained.
League sources did confirm to The Athletic that the NWSL would approve a base $1 million-per-year offer to Rodman immediately, if presented.
While the exact amounts and structural details of the Spirit's offer to Rodman — and the NWSL veto — remain murky, the league will soon have to answer to the grievance as the Players Association pursues a clear answer.
The Washington Spirit's quest to retain their biggest star has hit another snag, as multiple reports on Wednesday revealed that NWSL commissioner Jessica Berman vetoed a proposed multi-million dollar deal to keep USWNT standout Trinity Rodman in the top-flight domestic league.
Per The Athletic, the offer included a four-year scaling contract that would see Rodman's compensation increase in the deal's final two years, with Washington banking on a new NWSL media rights contract in 2028 to help with the 23-year-old free agent's salary bump.
Rodman was reportedly on board to accept the offer, which averaged over $1 million per year, but according to Bloomberg, Berman blocked the deal due to its structure violating "the spirit of the rules."
Per the current NWSL CBA, there is no maximum salary for any individual player, and the competition manual does not ban year-to-year contractual salary increases so long as they do not exceed the team's salary cap — a figure that is currently on track to grow to $5.1 million by 2030.
As such, the NWSLPA has filed a grievance on Rodman's behalf, asserting that the vetoed contract offer does not violate any standing league rules.
Amid the ongoing negotiations to retain Rodman, the Spirit have also shored up their front office, hiring of former Orlando Pride sporting director Haley Carter as Washington's new president of soccer operations on Wednesday.
One of Carter's first goals is to re-sign Rodman.
"Trinity should be a cornerstone of what we're building in Washington," Carter told The Athletic. "We're committed, from a talent retention standpoint, from a league standpoint, to making that happen. It's just a matter of working with the league to see what the potential solutions are."
Angel City center back and captain Sarah Gorden and goalkeeper Angelina Anderson spoke out on Thursday, opening their gameday press conference by addressing Monday's New York Post op-ed penned by teammate Elizabeth Eddy that urged the NWSL to adopt a "clear standard" for gender eligibility.
"Questions and controversy abound over intersex and transgender athletes," Eddy wrote, suggesting the league require players be "born with ovaries" or undergo genetic testing, with a photo of Orlando Pride and Zambia striker Barbra Banda — who faced fan harassment earlier this year — as the lead image.
The article — and its originating tweet — provoked backlash online, with Angel City issuing a statement on Tuesday saying the op-ed "does not reflect the opinion of an entire organization," and that the team "has remained committed to equity, inclusion, and belonging."
ACFC captain Gorden used stronger language, saying that the article directly caused her teammates "hurt" and "harm."
"We don't agree with the things written for a plethora of reasons, but mostly the undertones come across as transphobic and racist," Gorden, who has a history of addressing social justice issues, told reporters.
Gender policy abandonment "invites harassment" of NWSL players
After quietly abandoning a 2021 policy that deemed all transwomen eligible so long as their testosterone levels mirrored those assigned female at birth, the NWSL has failed to provide official gender eligibility guidelines in the three years since — though no current league athletes identify as trans.
"The league may have hoped its silence over this lack of policy would be taken as an openness to revisiting or reworking its approach, or at least neutrality when it comes to the inclusion of trans and intersex players," wrote The Athletic’s Meg Linehan in response.
"But the league and commissioner Jessica Berman's silence have instead repeatedly invited harassment of current players — to whom such a policy would not apply in any case — especially Black and queer players."
According to an NWSL Players Association spokesperson, collective bargaining — rather than the league itself — must determine all policy matters, including guidelines surrounding gender eligibility.
As for where the players union stands on the issue, the spokesperson told The Athletic that "Any position the NWSLPA takes…is and will be the product of a thoughtful, deliberate process that engages all our members and the issues that are important to them."