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…

Union organizing campaigns are increasing both in number and complexity. Companies going through union organizing drives want to limit the union’s ability to access the company’s property both physically (being in the parking lot, break room, walking the floors) and indirectly (through bulletin boards, having employees pass out flyers to coworkers). Now is a good time to…