The definitions of "employee" and "employer" are of critical importance under all labor and employment laws, for they identify who is covered, and thus protected, by those laws. In the case of the National Labor Relations Act (NLRA), only those who meet the definition of "employee" are protected by the NLRA. For example, in Lechmere, Inc. v. NLRB,1 the Supreme Court's premise that union organizers were not employees meant that they had no NLRA-protected right to discuss unionization with Lechmere's employees on Lechmere's property. Thus, the Court concluded that the union organizers only had rights that were derivative of the rights of Lechmere's employees. In contrast, three years later in ...

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