With calls for a nationwide “no work, no school, no shopping” action tied to May 1, many nonprofit employers are asking a simple question: What does this mean for our organization and our employees?
Participation may vary widely. Some employees may choose not to report to work, while others may simply express support. Regardless of scale, this is a good opportunity for organizations to prepare thoughtfully and respond consistently.
Start with the Key Question: Is the Activity Protected?
Under the National Labor Relations Act, employees have the right to engage in “concerted activity” related to their working conditions, even in non-union environments.
That said, not every walkout is protected.
- More likely unprotected: Activity that is purely political and not connected to workplace concerns
- More likely protected: Activity tied to wages, safety, hours, or working conditions
- Reality: The line is not always clear and depends on the specific facts
For nonprofit employers, this means avoiding assumptions and focusing on how the situation presents in your workplace.
What Nonprofit Employers Can Do
A calm, prepared approach goes a long way. Focus on consistency, communication, and documentation.
✔ Review and apply policies consistently
- Ensure attendance and call-out policies are current and clearly communicated
- Apply policies the same way for all employees, regardless of the reason for absence
✔ Prepare operationally
- Identify critical functions and cross-train where possible
- Plan for coverage gaps or increased service demand
- Consider how you will communicate with clients, participants, or the community if staffing is impacted
✔ Train and educate your supervisors
- Clarify what managers can and cannot say
- Reinforce the importance of neutrality and consistency
- Encourage escalation of questions to HR rather than on-the-spot decisions
✔ Document decisions carefully
- Tie any discipline or corrective action directly to policy violations
- Keep records factual and free from assumptions about employee intent
✔ Stay aware of group activity
- If employees are acting together around workplace concerns, that may trigger legal protections
- When in doubt, pause and assess before responding
What Nonprofit Employers Ought Not to Do
Missteps often come from reacting too quickly or too strongly. These are the areas to avoid:
✘ Do not ask employees about their plans
- Questions about whether someone intends to participate can be viewed as coercive.
✘ Do not monitor or track conversations
- Supervisors should not be directed to watch or report on employee discussions.
✘ Do not threaten or warn employees
- Even well-intended comments can create legal exposure if they sound discouraging or punitive.
✘ Do not enforce policies inconsistently
- Applying rules differently based on assumptions or viewpoints increases risk and damages trust.
✘ Do not overcorrect publicly
- Broad statements or strong messaging about participation can escalate concerns and create unnecessary liability.
Special Considerations for Unionized Workplaces
If your organization has a collective bargaining agreement, review it carefully.
- Many agreements include no-strike clauses that limit work stoppages
- There may be specific procedures or notice requirements that apply
- Enforcement depends on both the contract language and recent employer actions
If this applies to your organization, take time now to understand your agreement and consult as needed.
A Practical Approach Moving Forward
This type of situation can feel uncertain, especially in mission-driven environments where employees may feel strongly about broader issues.
The most effective response is grounded in a few key principles:
- Lead with consistency
- Focus on operations and service continuity
- Equip your managers
- Avoid assumptions
- Take a measured, fact-based approach
When organizations respond thoughtfully, they reduce risk and reinforce a workplace culture built on fairness, respect, and clarity.
Final Thought
Whether or not a large-scale walkout occurs, this moment is a reminder of how quickly workplace issues can intersect with broader social conversations. Preparation, not reaction, is what positions nonprofit organizations to navigate these situations with confidence and care.
If you have any questions regarding this topic or other HR questions or concerns, please contact us at HRServices@501c.com or (800) 358-2163.
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For more than 40 years, 501(c) Services has been a leader in offering solutions for unemployment costs, claims management, and HR support to nonprofit organizations. Two of our most popular programs are the 501(c) Agencies Trust and 501(c) HR Services. We understand the importance of compliance and accuracy and are committed to providing our clients with customized plans that fit their needs.
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The information contained in this article is not a substitute for legal advice or counsel and has been pulled from multiple sources.
(Images by Frolopiaton Palm and DC Studio)
