The “Fight for $15.00” single
day strike and protest is scheduled for Tuesday, November 10.
What is an employer to do?
In November of 2012, over 100 workers in the fast food industry
walked off the job in New York City demanding a minimum wage of
$15.00/hour. In 2013, dozens of similar protests and strikes occurred
in various cities. By 2014, the movement had grown to include not
only the fast food industry, but also workers from childcare facilities,
the home healthcare industry, airports, gas stations, convenience
stores, retail stores and universities as well as other companies
and industries who traditionally hire low wage workers. On April
15, 2015, thousands of workers across the country walked off their
jobs in what has been called the largest such protest in our nation’s
An even larger protest and single day strike is planned
for Tuesday, November 10, 2015. Various unions are encouraging
workers to publicize their actions by standing outside their places
of work with protest signs, posting comments to social media sites,
as well as to carry banners, hand out leaflets, chant, march and
must recognize that the National Labor Relations Act (NLRA) protects
all workers who engage in lawful concerted activity for the purposes
of mutual aid and protection. This applies to both unionized as
well as non-unionized organizations. If any employer were to take
adverse actions against any workers for their concerted protected
activities, that employer could face an unfair labor practice charge
from the National Labor Relations Board (NLRB). The NLRB will protect
employees who engage in protected walkouts.
Employers should not threaten discipline or termination for any
employee who engages in such a protest. Workers who hand out leaflets
or handbills are also protected as a form of free speech. Picketers
are not allowed to block company entrances or exits. Also, they
cannot commit acts of overt intimidation, threats or violence towards
customers or employees. Employers must not threaten,
discipline, counsel, or terminate employees for what they post
on any social media site.
I am sure that Tuesday, November 10, 2015
will be a very trying and stressful day for many employers. Please
do not make it worse by violating workers’ rights under the
NLRA. You may find yourself on the wrong end of a lawsuit.
In order to protect themselves
and their organizations, employers should be aware of and in compliance
with these and other regulations/decisions issued by various federal/state
agencies and courts. If Paul Hilton, Human Resources Consulting,
LLC can be of any assistance with these or other HR related issues,
please do not hesitate to contact us.
Paul Hilton Human Resources Consulting works with our clients to insure that all required documentation is correct and sufficient to successfully defend against a claim to any unemployment compensation commission.
|For assistance with any Human Resources related questions or other
issues, please Contact Us.
Our newsletter is updated regularly, providing
information of interest
to many of our readers. We invite you to check back frequently.
Paul Hilton is a certified Human Resources Consultant, located in
If you would like to subscribe to our Newsletter
e-mailing list, please submit our Contact