5 Rights Every Worker Needs to Know Before Joining a Strike
As of October 1, 2024, Maryland has rolled out significant changes to its employment laws, affecting everything from paid family leave to expanded anti-discrimination protections. These new regulations create a fresh landscape for both employees and employers, especially in industries where labor strikes—such as dockworking—are more common.
For workers considering joining a strike, understanding how these new laws interact with existing federal protections is crucial. Before you take any action, here are five essential rights you need to know, including how Maryland’s updated laws may influence your decision.
1. The Right to Organize and Strike
Under the National Labor Relations Act (NLRA), most private-sector workers have the right to organize, form unions, and engage in collective bargaining. Strikes are generally protected when done for legally sanctioned reasons, like protesting unfair labor practices or advocating for better working conditions.
With the new Maryland employment laws, workers should pay close attention to how state regulations might impact their right to strike. For instance, the expanded anti-discrimination protections in Maryland may provide additional safeguards for employees facing retaliation or bias for their participation in strikes.
Maryland’s Update: As of today, Maryland’s anti-discrimination laws have broadened to cover more aspects of employment. This means striking workers in Maryland may enjoy enhanced protections against discrimination and wrongful termination.
2. The Right to Fair Treatment During Strikes
Regardless of whether you’re striking for economic reasons or to protest unfair labor practices, you are still entitled to fair treatment under federal law. Employers cannot retaliate against workers who participate in lawful strikes, and Maryland’s new employment laws only strengthen these protections.
The expanded anti-discrimination law, effective today, ensures that employers cannot treat you unfairly based on protected characteristics such as race, gender, or age, whether you’re in the hiring process, a current employee, or striking.
Quick Insight: Maryland’s updated employment laws guarantee that even in the midst of a strike, workers are shielded from discriminatory actions by their employer.
3. The Right to Return to Work
A common concern for workers considering a strike is whether they’ll have a job to return to afterward. Under federal law, if you’re striking due to unfair labor practices, your employer must reinstate you once the strike ends. However, if the strike is over economic conditions—such as demands for higher pay—your employer can hire permanent replacements, and your job status could be uncertain.
Maryland’s new employment laws offer clearer guidelines regarding wage expectations. Employers are now required to post salary ranges and notify workers of pay rate changes, helping employees make informed decisions about joining or organizing a strike.
For Maryland Employees: Understanding these new pay transparency rules can help workers make better decisions about the financial risks involved in striking, especially if pay equity is one of the demands.
4. The Right to Protect Pay and Benefits
Striking workers typically forfeit their wages during the duration of a strike, but they do not lose all of their benefits. Under federal law, certain benefits, like healthcare, must be maintained for striking workers. Maryland’s new laws also contribute to a clearer understanding of workers’ rights around pay and benefits.
With new provisions for paid family leave and salary notifications, Maryland employees now have more rights when it comes to their compensation and benefits. These laws ensure that workers aren’t left in the dark about their pay or benefits if they choose to strike.
What’s New in Maryland: The new paid family leave policy now guarantees more comprehensive protections for Maryland workers, even during labor disputes. Workers considering a strike should be aware of how these benefits impact their financial security.
5. The Right to Stay Informed
Before joining a strike, it’s critical for workers to be fully informed about both the legal and financial implications. Unions and worker representatives are responsible for educating their members on the potential risks, such as the possibility of permanent replacement or loss of wages. This is especially important in Maryland, where new employment laws provide greater transparency around pay practices.
With Maryland’s new employment laws now in effect, workers should take the time to understand how these changes impact their rights. Whether it’s expanded anti-discrimination protections, paid leave, or pay transparency requirements, staying informed is your best defense when participating in a strike.
Pro Tip: Consult with employment law experts, like The Spiggle Law Firm, to ensure that you are well-prepared and protected under Maryland’s new laws before deciding to join a strike.
For more information or to schedule a consultation, contact The Spiggle Law Firm today. We are dedicated to helping you understand and navigate Maryland’s employment laws.
