The NLRB and courts recognize that off-duty employees have greater rights than non-employees when it comes to accessing the employer’s property to engage in protected activity. The NLRB applies a three-part test to determine if an employer’s off-duty access policy is valid under the National Labor Relations Act. An off-duty access policy is valid only…

Since the mid-1970’s the law has (and remains) the same with respect to governing workplace policies that limit an off-duty employee’s ability to be remain on or return to company property. For nearly 40 years, a rule barring off-duty access to company property is valid only if it (1) limits access solely to the interior…

The National Labor Relations Board struck down an off-duty access policy in a nursing home’s handbook that prohibited employees from hanging around after work unless they had previous permission from their supervisors because it violated employees’ Section 7 rights of the National Labor Relations Act. As written, the rule provided supervisors with unlimited discretion to…

As appearing in the Human Resources of Central Ohio (HRACO) monthly newsletter NLRB Condemns Limiting Off Duty Employees’ Access to Company Property  Many companies limit an employee’s ability to return to the workplace when off-duty. These policies seek to reduce distractions for on-shift employees, prevent loitering, and eradicate the possibility of off-duty employees performing compensable…