Is an employer required to compensate an employee who is on strike?

Author: Jed L. Marcus, Bressler, Amery & Ross, P.C.

No. An employer is not required to compensate an employee who is on strike. However, in many states, a striking employee may be entitled to unemployment benefits if the employer is able to remain operational. Therefore, an employer should consult local counsel about the specific state law provisions before seeking to deny unemployment compensation to a striking employee.