[tptacek]

Not only is this true, but the NLRA also bars employer retaliation against concerted actions by employees both to organize and also to take actions in protest of work conditions. It's a huge exception to at-will employment.

I had no idea about any of this stuff until I started talking to the Tech Solidarity people. I'd always thought the reason nobody goes on strike is that you'd simply be fired for doing so. But, no! That was dumb of me! Striking --- really, most forms of employee protest against working conditions --- is protected federally.

I'm particularly interested in how these laws interact with the employment laws for salaried workers. In addition to it being unlawful (in most cases) to fire an employee for striking, it's also (usually) legally risky to dock a salaried employee's pay.

[jbronn]

While technically true, the enforcement is up to the Department of Labor. Do you honestly believe that Puzder (now Acosta) is really going to enforce these rules? It's the whole reason they were chosen for the position in the first place.

[tptacek]

No, enforcement is not up to the Department of Labor. If you're terminated for organizing and protesting against working conditions, your recourse includes the courts.

People should, of course, talk to labor lawyer before organizing. Tech Solidarity is working with several now, and collecting employment contracts from the best-known tech companies in order to provide standardized organizing advice.

[jbronn]

Really? Alright I'll bite. They only promulgate the regulations that are enforced. And if you're being pedantic enough to insist it's the DoJ, then my point still stands under one led by Sessions.

[tptacek]

Check out the statutes. The 8(a)(1) unfair labor practices have liquidated damages associated with them. You can sue in civil court over them.

Again, talk to a lawyer. I think you're going to find that you are not in fact required to convince the Trump administration of your rights.

[Alex3917]

> the NLRA also bars employer retaliation against concerted actions by employees both to organize and also to take actions in protest of work conditions.

I also learned about this from the Tech Solidarity people. The key here though is that actions are only protected if they're taken collectively by multiple employees. A single employee protesting can still be fired without recourse.

[mysticmarvel]

This is all totally true.

It is also totally true that you are not squeaky clean in your employment (never been late once? Never missed a deadline?), and that your performance management targets are set by the people against whom you are protesting. You can be performance managed out of a position in months, even if your right to protest is protected and you are literally a Saint in the workplace.

I'm not saying it's right, just that I've seen it done. There is always a way to remove "difficult" employees regardless of protection laws.

[tptacek]

So, I believe this, but what gives me comfort here is having seen companies try to performance-manage people out (for legit reasons!) and fail because of protected-class problems. As soon as you can credibly allege retaliation, your case gets 100x more expensive to dispose of. In two companies, one of which I had a senior role at at the time, I've seen the companies cave and pay out to make them go away.

[mysticmarvel]

This is all totally true.

It is also totally true that you are not squeaky clean in your employment (never been late once? Never missed a deadline?), and that your performance management targets are set by the people against whom you are protesting. You can be performance managed out of a position in months, even if your right to protest is protected and you are literally a Saint in the workplace.

I'm not saying it's right, just that it's true.

[ahh]

Wait a minute, wait a minute: if I just decide I'm not going to work anymore, they can't fire me if I say it's because I'm protesting for higher wages? And they have to keep paying me?

[tptacek]

Google "protected concerted action" and spend $75 on a consult with a labor law attorney. Some catches:

1. The protest has to involve more than one team member, and depending on circumstances that other person possibly can't be a manager.

2. The protest has to be defensibly about some kind of working conditions issue. You need a concrete, defensible ask.

3. You can in fact have your pay docked for not working, though you (probably) can't be fired. But remember, you're an FLSA exempt employee (if you're a developer), so you can make it difficult for them to dock your pay, too.

I probably wouldn't make the protest about higher wages.