Who is an employee under the NLRA?

Section 2(3) of the National Labor Relations Act states that the term employee shall include any employee, and shall not be limited to the employees of a particular employer, unless the Act explicitly states otherwise … While the definition is not detailed, it makes several things clear:

• Any employee who fits the definition is covered despite the type of work he or she does. Labor rights are not just for traditional blue collar workers. White collar and professional employes are covered as well.

• Strikers have rights even though it may have been weeks since they did any work or collected a pay check.

• Discharged employees who contend that the discharge was unlawful-perhaps in retaliation for supporting a union-are protected by the Act.

Who is not an employee under the NLRA? These individuals, by the Act's own definition, are not employees:

• those working directly on agriculture;

• domestics working in private homes;

• those employed by a parent or spouse;

• independent contractors;

• supervisors and managers;

• employees of railroads, airlines, and others who fall under the Railway Labor Act;

• employees of smaller employers, government agencies, and other employers not covered by the NLRA.