Janice Lozano
Whether a university student assistant is considered a state employee varies depending on the state, the university, and the funding source. In some states, like New York, university employees are generally considered state employees, while in others, like Minnesota, there is a clear distinction between being an employee of a state university and being a state employee. Additionally, student assistants at private universities may be considered statutory employees under the National Labor Relations Act (NLRA) and have the right to unionize and collectively bargain. Indicators that a student assistant may be considered an employee include receiving appointment forms, having specified responsibilities and a supervisor, and having federal income tax withheld from paychecks.
| Characteristics | Values |
|---|---|
| Student assistants recognized as state employees | In some states, student assistants are recognized as state employees. For example, in New York, they are considered state employees with different collective bargaining rights. |
| Student assistants not recognized as state employees | In some states, student assistants are not considered state employees. For instance, in Minnesota, they are not deemed state employees and do not have the same access to pension plans and benefits. |
| Student assistants as statutory employees | The National Labor Relations Board (NLRB) has concluded that graduate and undergraduate student assistants are statutory employees under the National Labor Relations Act (NLRA) and are entitled to collective bargaining rights. |
| Student assistants with temporary appointments | Student assistants are typically given temporary appointments, which means their appointments do not exceed nine months in a 12-month period, and they receive no permanent status in state service. |
| Student assistants' paychecks | Whether a student assistant is considered a state employee may depend on whether their paychecks are issued by the state. For example, in California, if paychecks are signed by the State Controller, the employee is likely considered a state employee. |
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What You'll Learn
Student assistants are statutory employees
Whether or not student assistants are considered statutory or state employees varies depending on the state, the university, and the funding source.
In the US context, the National Labor Relations Board (NLRB) has found that graduate, master's, and undergraduate student workers, teaching assistants, and research assistants are statutory employees under the National Labor Relations Act (NLRA) and are entitled to collective bargaining rights. This decision applies to private, nonprofit universities, as the NLRB does not have jurisdiction over state-run schools. However, some states that allow public employees to collectively bargain may rely on NLRB decisions in matters of state labor law, which could extend similar unionizing rights to student workers at state-run schools.
In California, for example, there is a distinction between working for the California State University (CSU) system and being a state employee. While CSU is state-funded, student employees are not typically considered civil servants or state employees. Their work may not count towards service credit or qualify them for certain benefits like unemployment or disability. However, student employees at CSU can contribute to CalPERS, a retirement system used by many employers, including state agencies.
In New York state, university employees are generally considered state employees, but this may not apply to research staff or those paid through grants rather than the university department. In Minnesota, faculty, TAs, RAs, and some other workers are not considered state employees, but there are legal and administrative distinctions between being an employee of a state university and being a state employee.
To clarify their employment status, student assistants should review their appointment forms or letters, pay stubs, and tax forms to look for indicators of employee status, such as federal income tax withholding or the mention of specific responsibilities and supervisors.
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Student workers' rights to unionize
Whether a university student assistant is a state employee or not depends on various factors, including the source of funding, the state, and the university. For instance, in Minnesota, faculty, TAs, RAs, and some other classes of workers are not considered state employees. On the other hand, in New York, graduate students at private universities are considered employees.
Graduate students have long been in limbo regarding their rights to organize. In the US, graduate students at public universities have traditionally been considered employees and have had the right to unionize based on the labor laws of their individual states. However, their counterparts at private universities have not always enjoyed this protected right. The National Labor Relations Board (NLRB) has gone back and forth on the issue of graduate students' employment classification and their right to unionize.
In 2016, the NLRB granted graduate students at private universities the right to unionize, ruling that student assistants are employees under the National Labor Relations Act (NLRA) and can collectively bargain. This has allowed students to exercise their right to bargain for issues like respect, equal pay, and improved working conditions. For example, at Yale, students fought for "respect and equal pay for equal work" through their union. At the University of California, unionized graduate students have won provisions to control class sizes, extend financial opportunities to undocumented students, and provide gender-neutral bathrooms.
Despite this progress, university administrators and higher education-related associations often oppose graduate student unionization. In 2019, the NLRB proposed a new rule stating that graduate students are not employees, which could negatively impact unionization efforts at private universities. Nevertheless, student workers continue to fight for their right to unionize, with victories at universities like Harvard, Duke, and Brandeis.
In conclusion, while the classification of university student assistants as state employees varies depending on the specific circumstances, graduate students, including those at private universities, have made significant strides in asserting their right to unionize and collectively bargain for better working conditions.
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Student assistants' paychecks
Whether a university student assistant is a state employee or not depends on the state and the source of the funds. In Minnesota, for example, there is a distinction between being an employee of a state university and being a state employee. In New York, state university employees are state employees, but this does not always apply to research staff.
Student assistants are enrolled students who are hired to provide services on campus. They are paid on an hourly basis, and their employment is either occasional or part-time. At the University of Colorado Boulder, student assistants are paid according to an hourly pay plan, which outlines the pay increases required by the Colorado Department of Labor and Employment. At the University at Buffalo, student assistants are employed by the state and are valuable additions to the workforce, but they are considered students first.
Student assistants at Buffalo must submit bi-weekly timesheets, which are then verified and signed by their supervisor. To ensure timely payment, these timesheets should be submitted by students and approved by supervisors no later than 12 p.m. on the Monday after the close of the pay period. If timesheets are approved after that time, payment may be delayed and issued in a later paycheck. Students with multiple appointments must ensure that their total combined hours do not exceed the maximum allowed, and they must also observe the following: record only the actual hours worked on the day worked on hourly timesheets. It is illegal to falsify a timesheet.
At California State University (CSU), student employees are not considered civil servants or former employees. However, they do receive service credit for CSU, and their paychecks may be signed by the State Controller, indicating that they are state employees.
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Student assistants' tax forms
Whether a university student assistant is a state employee or not depends on the source of the funds. If you are paid by the department at a state university, then you are likely a state employee. However, if you are paid through a grant, then you may not be considered a state employee, but this could depend on other factors. It is important to note that there are legal and administrative distinctions between "being an employee of a state university" and "being a state employee".
Now, regarding tax forms for student assistants, there are a few things to consider. Firstly, student assistants may be exempt from certain taxes, such as OASDI and Medicare taxes, if they are enrolled half-time or more and receiving a payroll payment. Additionally, graduate assistants who teach or conduct research may be exempt from paying taxes on tuition remission under federal law. However, if the value of the tuition remission exceeds $5,250 in a calendar year, the excess is included as taxable income, and the university must withhold the additional tax due.
Student assistants should also be aware of any scholarships, stipends, grants, or fellowships they receive, as these may be considered taxable income if they are used to defray expenses or are connected with services rendered. Furthermore, student assistants who work part-time or full-time jobs may be able to get a refund even if they are not required to file taxes, as long as their Form W-2 shows federal and state withholding.
To determine their tax obligations, student assistants should consult the relevant government websites and seek guidance from their university's financial aid office or human resources department. Additionally, international student assistants should be aware of any tax treaties between their country of citizenship and the United States, as these may impact their tax obligations.
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Student assistants' employment status
The employment status of student assistants varies depending on the state, university, and funding source. In the US context, student assistants can be classified as either employees or non-employees, with their specific rights and benefits depending on this classification.
In some states, student assistants are considered statutory employees, entitled to collective bargaining rights and the ability to unionize. For example, in New York State, university employees are state employees, although this does not always apply to research staff. The National Labor Relations Board (NLRB) has found that graduate, master's, and undergraduate student workers, as well as teaching assistants and research assistants, are statutory employees under the National Labor Relations Act (NLRA) and can collectively bargain. This, however, does not apply to state-run schools.
In other cases, student assistants may not be considered employees at all. For instance, in Minnesota, faculty, TAs, RAs, and some other classes of workers are not considered state employees. Similarly, at California State University (CSU), student employees are not considered civil servants or former employees of the state, and their work may not count towards service credit or benefits such as unemployment or disability.
The source of funding can also determine the employment status of student assistants. If paid directly by a department at a state university, the assistant is more likely to be considered an employee. However, if paid through a grant or scholarship, they may not be classified as an employee, although this can vary.
Ultimately, the employment status of a student assistant can depend on a range of factors, and it is important to review appointment forms, paychecks, and tax forms to determine the specific rights and benefits associated with the position.
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Frequently asked questions
It depends on the university and the state. In some states, student assistants are considered statutory employees and are entitled to collective bargaining rights. However, in other states, student assistants may not be considered state employees, especially if they receive additional benefits such as housing or meals. It's important to review the specific circumstances of each case.
There are several factors that can indicate whether a student assistant is considered a state employee. These include the source of funding for the position, whether the student received a paycheck from the state, and whether the student signed appointment forms or letters indicating their employment status.
In some cases, yes. The National Labor Relations Board (NLRB) has concluded that graduate and undergraduate teaching and research assistants are statutory employees under the National Labor Relations Act (NLRA) and are entitled to collective bargaining rights. However, it's important to note that the NLRB does not have jurisdiction over state-run schools.
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