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Teacher 'safety strikes' may create new hurdles for employers

September 2020 employment law letter
Authors: 
Bonnie J. Thomas, Steptoe & Johnson PLLC

On July 28, the American Federation of Teachers (AFT) announced support of nationwide teacher "safety strikes" if health precautions aren't taken as schools reopen amid a coronavirus resurgence in some areas. The AFT, however, which represents more than 1.7 million school employees, is leaving the final decision to strike to local unions. Here in West Virginia, the threat of impending teacher strikes carries a significant sting, as recent experience has demonstrated the teachers' union is prepared and willing to strike, and they enjoy ardent support by community and political officials alike.

More uncertainty possible

Much like the uncertainty suffered by many working parents in the first half of 2020, "back to school" means back to juggling remote or homeschool learning and their own work. For employers, this likely means resurfacing issues of telework and adjusted work schedules. What's more, however, is that the threat of nationwide teacher strikes could create new challenges for you and your working parent employees in the coming school year.

The potential for massive teacher strikes could leave employers with difficult questions to address with respect to the Fair Labor Standards Act (FLSA), the Families First Coronavirus Response Act (FFCRA), and even bargaining-related issues for union employers.

Questions posed by potential 'safety strikes'

Employers may find themselves asking the questions below in the coming months if schools begin to close because of teacher strikes.

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