re: The fight for 15 movement has hit Jackson, MS today

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What Do You Need to Know and How to Plan for a Walkout/Protest

Your employees may be protected by federal law—both unionized and non-unionized employees. The National Labor Relations Act (NLRA) “protects all workers who engage in lawful concerted activity for the purposes of mutual aid and protection.” If they are protesting, you simply cannot discipline employees. However, if your employees are unionized, you should review your collective bargaining agreement in regards to employee responsibilities with respect to protest activities. If you encounter an unusually large amount of absences or see blatant participation in protests, your contract may have no-strike and no-picket provisions, which can impact your actions in regards to their conduct.

Engage with employees who start to walk off the job without prior approval. Ask where the employees are going and/or whether they are leaving their job despite being scheduled to work. If they indicate they are protesting, offer them the option of discussing their concerns with management during a work break or at the end of their shift.

Do not threaten or discipline employees for engaging in the protest or dock their pay for attendance. If they walk out, you can inform any non-exempt employees that they will not be paid for the time they spend off the job. Be careful of exempt statuses here. Do NOT force them to clock out if they leave.

NOTE: Employees do not have the right to stop working and simply stand in their work areas as a form of protest. You can require them to either return to work or leave the premises to conduct their protest. If they refuse to leave the premises despite repeated requests, you can call the police. However, do NOT discipline them for protesting.

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