Fri. Apr 26th, 2024

From today’s Vox News Online:

Nearly 1,000 Amazon employees are walking out of work. More than 45,000 GM auto workers are on strike for the fifth day in a row. In October, about 80,000 Kaiser Permanente employees are set to go on strike.

The wave of labor unrest has become a defining feature of the economy since the 2008 Great Recession. In 2018, a record number of employees went on strike: School teachers, hotel workers, health care workers — even Google employees. Most of them were angry about stagnant wages and proposed benefits cuts, but some were just frustrated with company policies.

But all the walkouts have raised the question of what, exactly, counts as a strike and what are the consequences? Is it the same as a walkout? Is it even legal?

I spoke to four labor lawyers across the country to get a better understanding of what legal rights workers have to throw up their hands and walk off the job — and what right a company has to respond.

One law professor pointed out that a walkout to protest government inaction climate change, for example, is not protected under federal labor law because it’s not related to an employee’s working conditions. But if workers walk out because they believe their employer (like, say, Amazon) isn’t doing enough to make the company sustainable, then that would likely be a protected work stoppage.

“If everyone walks out or calls in sick, it’s still a strike,” Kenneth Dau-Schmidt, an employment law professor at Indiana University Bloomington, said to me. Whether or not the law protects workers from getting fired depends on the context.

Read the complete article here.

By Editor