Above the Law reports that associates at some of the nation's biggest law firms are considering going on "recruitment strikes" (i.e., refusing to participate in law student recruiting) if their employers fail to push back against Trump's unlawful orders.
What if these associates take it one step further and actually walk off the job in protest? Would the National Labor Relations Act (NLRA) protect their concerted work stoppage?
That protection would depend on two factors: First, does the NLRA cover law firm associates? Second, would their conduct qualify as protected concerted activity under Section 7 of the Act?
First, the NLRA covers and protects most law firm associates. They work under the direction of others (partners or senior attorneys). They do not have the authority to hire, fire, discipline, or direct other employees using independent judgment (which would make them excluded "supervisors"). And they do not set firm policy or make high-level decisions (which would make them excluded "managerial employees").
The issue of whether the NLRA would protect a walkout is more nuanced. According to the NLRB, there are three categories of political advocacy by employees, each with different levels of protection:
📋 Non-disruptive political advocacy for or against a specific issue related to a specifically identified employment concern, which takes place during the employee's own time and in non-work areas = protected.
📋 On-duty political advocacy for or against a specific issue related to a specifically identified employment concern = subject to lawful, neutrally applied work rules.
📋 Leaving or stopping work to engage in political advocacy for or against a specific issue related to a specifically identified employment concern = also subject to lawful, neutrally applied work rules.
Thus, if associates walk off the job in protest, and the firm has a bona fide, consistently applied no-call/no-show or attendance policy, the NLRA likely does not protect their strike activity. If, however, the firm lacks such a policy or applies it inconsistently, the employer could run into labor law trouble by disciplining or terminating those employees.
In the end, these associates aren't just standing up to Trump—they're standing up for the soul of the legal profession. The real shame here is the silence and spinelessness of the firms that would rather appease power than uphold principle. Good on the associates for remembering what it means to be a lawyer. It's about time their firms did the same.