- Employer Guidance - National Immigrant Protests
- April 7, 2017 | Authors: Jamie R. Adams; Charles S. Birenbaum; Ian R. Macdonald; Courtney B. Noce; John R. Richards; Sara G. Sanfilippo
- Law Firms: Greenberg Traurig, LLP - San Francisco Office; Greenberg Traurig, LLP - Atlanta Office; Greenberg Traurig, LLP - Washington Office; Greenberg Traurig, LLP - Tampa Office
In connection with “National Day without Immigrants” held on Thursday, Feb. 16 and Friday, Feb. 17, immigrant employees as well as supporters and sympathizers may have requested time off or, in some instances, called in sick from work to attend protest-related events and activities. Supporters called on the public to refrain from working, opening businesses, and spending money in an effort to show the impact immigrants have on our country each day.
Although having employees absent from work may pose challenges for business operations, it is important to recognize that the decision to participate may be protected in some instances. Congress enacted the National Labor Relations Act (NLRA) “to protect the rights of employees and employers, to encourage collective bargaining, and to curtail private sector labor and management practices, which can harm the general welfare of workers, businesses, and the U.S. economy.” More specifically, the NLRA provides that employees are protected under the “mutual aid or protection clause” of Section 7 when they seek to “improve their lot as employees through channels outside the immediate employee-employer relationship.”