I started a PhD at NYU just as the graduate student unionization happened. IIRC, at NYU only graduate students who were actively teaching in a given semester or had a specific type of research grant were considered members of the union. First year PhDs at NYU were generally not covered, because in that case your salary was simply the generic PhD fellowship and you didn't count as a worker.
The union essentially negotiated on behalf of all students, and for example won an increase in the PhD stipend that applied to everyone. But there were some benefits (family cash assistance perhaps?) that you could only get if you were in the worker category.
Generally, no, universities classify graduate students as students, not employees. Stanford additionally classifies postdocs as students and charges their funding source a nominal tuition fee.
> A Stanford postdoctoral scholar is a non-matriculated trainee, in graduate student status, in residence at Stanford University pursuing advanced studies beyond the doctoral level in preparation for an independent career.
This makes doing taxes as a postdoc extremely irritating as the stipend is not earned income, which of course benefits Stanford's tax situation considerably.
It depends on the source of the funds and the nature of the postdoc’s duties. If the postdoc is on a “fellowship”, either paid by the university or by something like an NIH trainee fellowship, then they are not employees. If the employee is hired to do work for a project, on the other hand, which is typical when funded on an NSF or DARPA grant, then they are employees. This is MIT’s info page, which I believe is reasonably representative: https://postdocs.mit.edu/postdoctoral-position/defining-post...
Science had an article on that in 2002 that went into more detail on how this system came about (basically, vague laws that have ended up interpreted through a series of IRS rulings). I think but am not 100% sure that even though this article is about 20 years old, the current situation is still similar. https://www.science.org/content/article/postdocs-and-law-par...
Yes at public and private universities graduate students receiving stipends, most assistants are employees covered by the national labor relations act. They get a W2 and pay taxes on the income, except for qualified educational expenses. The law protects their right to collectively bargain.
These days, the answer is more likely to be "Yes". At least for graduate students that do some form of teaching, in addition to taking classes and doing research. See https://en.wikipedia.org/wiki/Graduate_student_employee_unio... for more information.
