What employers should (and should not) do when employees go on strike.

• Author: Hyman, Jon

Labor strikes by employees were up a shocking 52% in 2022 as compared to 2021. That's according to the Cornell-ILR Labor Action Tracker Annual Report. Employee collective work stoppages are on the rise, and there is no indication of them abating any time soon.

Do you know what to do if your employees walk off the job? Here are my top do's and don'ts:

[check] DO call your labor lawyer. Legal strikes come in two flavors: economic strikes (in response to complaints about wages, hours or other work conditions) and unfair labor practice strikes (in protest of an employer's alleged unfair labor practices). The law differentiates in some key ways between the two in how you can respond. You need to know what you can and cannot legally do to prevent making an already bad situation worse. Your lawyer can help guide your immediate response and long-term strategy for resolving a strike.

* DON'T retaliate against striking workers.

[check] DO hold striking employees accountable for their own serious misconduct, such as threats, violence or vandalism.

* DON'T make any promises to entice employees to abandon their jobs and return to work.

[check] DO prohibit managers and supervisors from joining their subordinates on the picket line. The National...