Employee Walkouts on May Day?

With May 1st 2026 approaching, some groups are encouraging a “no work, no school, no shopping” action. While the level of participation is uncertain, employers should be prepared for potential absences or walkouts.

Why it matters:

Employee participation may or may not be legally protected—it depends on the reason behind the activity.

Quick breakdown:

• Political protest alone → typically not protected

• Tied to workplace conditions (pay, safety, treatment) → may be protected

• Many situations fall into a gray area and require careful review

Important for all employers (union or not):

The National Labor Relations Act applies broadly—even in non-union workplaces. Group employee action related to workplace concerns may be protected.

What you should do now:

✔ Review and consistently enforce attendance policies

✔ Avoid asking employees if they plan to participate

✔ Treat group discussions as potential protected activity

✔ Document any discipline based on policy—not assumptions

HR Advisors is here to help ensure you’re handling this correctly, reach out to our team for guidance.