SCENARIO 3: WORKERS PLAN A WALKOUT Employees organize a walkout in support of a political movement, similar to the Day Without Immigrants or recent global protest days. Legal Analysis The legality of employee walkouts hinges on the purpose behind the protest. If the protest is purely political and unrelated to workplace issues, such as a walkout opposing foreign policy or supporting a national election candidate, it likely falls outside the protection of the NLRA. In those cases, employers may treat the absence as unexcused and impose discipline under normal attendance policies. However, if the walkout is tied to workplace issues or advocacy for better working conditions, it could be protected as “concerted activity.” For example, employees walking out to protest workplace discrimination or to express solidarity with a national labor strike may fall under NLRA protection, even if your organization is not unionized. The NLRB under the Biden administration showed a growing willingness to connect national issues to local employment conditions, particularly under a broad reading of employee rights. We do not expect this trend to continue under the Trump Board once it regains a quorum. Employer Guidance • Determine the purpose of the protest. Ask whether this is political advocacy or workplace-related activism. If there’s a link to workplace terms, protection may apply. • Avoid snap discipline. Even if a walkout seems unprotected, consult counsel before issuing discipline. An inaccurate legal assumption can backfire. • Reinforce your attendance and conduct policies. Make sure employees understand how protest-related absences will be treated in advance. Apply policies consistently. • Prepare a contingency plan. If you anticipate workplace disruptions, line up backup coverage, communicate clearly and debrief afterward to reset expectations. 20 SAN DIEGO DEALER
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