May Day’ Walkouts and Strikes Imminent: How to Maintain Productivity and Avoid NLRA or Discrimination Claims When Employees Walk Off the Job in Political Protest - On-Demand
Webinar now available On-Demand.
Mayday, mayday! There’s a growing threat of general strikes and walkouts happening on May 1—otherwise known as “May Day” or “International Workers’ Day” in recognition of laborers and the working class.
“Day Without Immigrants” and “Day Without Women” protests earlier this year have already made headlines for their messaging and popularity nationwide.
But employers have also wound up making (unwelcome) headlines connected with the recent protests. For instance, in Florida, New York, Oklahoma, and Tennessee, employers were thrust into the spotlight for firing employees who didn’t report to work on protest days, NBC News reported.
There’s a good possibility one or more of your workers will want to attend a political protest or participate in a strike. And, from HR’s perspective, workers going out on strike to protest raises many important legal issues—issues that you should get ahead of so you’re prepared in the event your workplace takes a direct hit from a walkout or strike.
It’s important to know how to answer questions like:
- Must you allow employees to skip work to show support for a political cause?
- If employees don’t show up, what type of discipline is reasonable and generally permitted under the law?
- What can you do to ensure that essential workers report to work?
- What should you say—and never say—to employees about a planned walkout, so you don’t violate the National Labor Relations Act (NLRA)?
Use this timely and insightful on-demand webinar on HR’s game plan for addressing walkouts and strikes that could significantly affect your workplace.
- How “A Day Without” or “May Day” protests and employee strikes can raise NLRA Section 7 and Section 8 issues—even if there are no unions at your workplace
- How to manage the issue of whether to allow employees to share literature proselytizing about protests against the Trump Administration and national, state, or local policies on issues such as immigration, women’s rights, national origin, and more
- Practical strategies for maintaining productivity when employees walk off the job in support of a political cause
- What to do if a striking worker is out of paid time off to cover his or her absence(s)
- How you may prohibit political advocacy on your company’s premises, and the legal line you should never cross
- How a non-work area is interpreted under the NLRA
- How far employees’ “right to engage” generally extends under the NLRB
- And much more!
About Your Presenters:
Kevin C. McCormick, Esq.
Partner and Chair, Labor and Employment Section
Whiteford, Taylor & Preston
Kevin C. McCormick, chair of the Labor and Employment Section with the Baltimore law firm of Whiteford, Taylor & Preston, provides advice and counsel to public and private employers on all phases of the employment relationship to ensure compliance with applicable laws, avoid costly litigation, and, when necessary, successfully defend against individual and governmental challenges to policies and procedures.
Mr. McCormick’s practice areas include EEO/Discrimination claim representation, employment claim prevention strategies, employment torts, executive compensation, government sector employment, Human Resource management advice, labor relations, non-compete agreements, occupational safety, wage and hour issues, workers' comp, and more.
Prior to joining the firm, Mr. McCormick served as trial attorney with the U.S. Department of Labor. He successfully represented public and private employers against discrimination and employment-related claims before federal, state and local FEP agencies, and at trial (both jury and nonjury) in state and federal courts and respective courts of appeal throughout Mid-Atlantic region.
Jacob M. Monty, Esq.
Monty & Ramirez LLP
Jacob Monty’s distinguished career involves the representation of employers in litigation matters in Texas and California, and includes expertise in handling labor issues in Hispanic workforces. He is Board Certified in Labor and Employment by the Texas Board of Legal Specialization and represents employers in federal and state courts in civil cases and in investigations and audits. He has broad industry experience in industries ranging from restaurant to manufacturing, food and entertainment, education systems, and government entities. Monty, a member of the Employers Counsel Network, is an editor for the Texas Employment Law Letter.