In the US, graduate assistants are an integral part of a university's educational and operational climate. Graduate assistants provide teaching, research or administrative services to the educational enterprise in exchange for professional experience and a financial stipend. Recent strikes of graduate teaching assistants at New York University serve as reminders of the continued unrest surrounding the issue of graduate assistants and employment recognition. The purpose of this paper is to present an overview of the current legal employment status of graduate assistants from the decisions of the federal government's National Labor Relations Board. The definition of agency theory provides insight into the way courts have traditionally distinguished relationships between organizations and employees. Agency theory is discussed in the context of graduate teaching and administrative assistantships. Readers are challenged to consider legal implications and are provided with suggestions that inform practice at the national and international levels in an effort to positively impact the graduate enterprise and the graduate student experience.