unionized. The NLRA generally comes into play when employees initiate action among coworkers over work-related issues or bring complaints about the workplace to management. These same protections have generally been extended to undocumented workers. • Know The Difference : Employees who choose not to report for duty may be deemed to be collectively refusing to work in protest of the raids, falling under the NLRA’s protection despite your legitimate interest in maintaining normal productivity levels. Conversely, those who confine their protests to broad-based government action unrelated to workplace concerns are generally not afforded such protection. • Educate Your Supervisors : Train managers to engage with employees in a neutral, supportive manner and avoid threatening discipline for legally protected concerted activity. Consider offering options for employees to discuss their concerns and encourage transparent communication to minimize potential work disruptions. Although you can instruct such employees that they will not be paid for time they spend off the job, make sure your managers know not to threaten or discipline anyone for engaging in lawful protests if they decide to walk out. • Rely On Your CBA : Check any relevant collective bargaining agreements (CBAs) for provisions related to mandatory notice requirements when immigration issues arise, and to determine the full scope of information you must provide to your employees. Conclusion If you have any questions about these developments or how they may affect your business, please contact your Fisher Phillips attorney, the author of this Insight, or any member of our Immigration Practice Group. Our Employers’ Rapid Response Team (877-483-7781 or DHSRaid@fisherphillips.com) is on call to provide immediate legal counsel when a raid occurs, assist with documentation and compliance review, and provide post-raid support and strategy assistance. Visit our New Administration Resource Center for Employers to review all our thought leadership and practical resources, and make sure you are subscribed to Fisher Phillips’ Insight System to get the most up-to-date information.
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