Employer Options on "National General Strike" Day

Hinshaw attorney Tom Luetkemeyer, a member of the firm's Labor & Employment practice, discussed in a SHRM article employer best practices in circumstances where employees are absent from work due to attendance at a political rally. Strike4Democracy is coordinating more than 100 strikes across the United States today to protest Immigration and Customs Enforcement raids; travel bans; Trump's mobilization on the border wall; and policies on the rights of workers, women, people of color, the lesbian, gay, bisexual, transgender and queer (and/or questioning) community, the repeal of the Affordable Care Act (ACA), and the environment.

Section 7 of the National Labor Relations Act allows employees to engage in protected concerted activity. Whether participation in today's strike constitutes "protected concerted activity" is a case-by-case factual inquiry. Significantly, Luetkemeyer reminds employers that Section 7 provides protection for all employees, not just unionized employees.

"Employers’ Usual Rules Apply to National General Strikers" was published by SHRM, February 16, 2017.