News & Analysis as of September 19, 2024

The National Labor Relations Act › Off-Duty Employee Access

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The National Labor Relations Act is a United States federal statute enacted in 1935 to prevent labor strife by encouraging collective bargaining, protecting concerted activity and curtailing certain unfair labor... more +

Everything and the Kitchen Sink: The NLRB’s Labor-Friendly New Year’s Resolutions

DarrowEverett LLP on 1/9/2023

Contrary to the expression’s limitations, the National Labor Relations Board (the Board”) set the tone for 2023 with some major Decisions which will essentially provide employees with not only the kitchen sink, but the walls...more

NLRB Reverses Course to Limit Property Owners’ Right to Limit Off-Duty Access for Section 7 Activity

Ogletree, Deakins, Nash, Smoak & Stewart,... on 12/29/2022

In another ruling promoting a pro-labor agenda under the Biden administration, the National Labor Relations Board (NLRB) reverted to its pre-2019 precedent on the balance between the rights of property owners and the rights...more

NLRB Strengthens Property Rights, Employers May Limit Off-Duty Access By Contractors’ Employees

Jackson Lewis P.C. on 9/30/2019

The National Labor Relations Board (NLRB) has ruled that a property owner lawfully may exclude off-duty contractor employees from engaging in leafletting and other Section 7 activity on its property, unless: (1) the...more

NLRB Continues Trend to Protect Employer Property Rights

Ogletree, Deakins, Nash, Smoak & Stewart,... on 9/12/2019

Coming on the heels of its decision in Bexar County Performing Arts Center Foundation d/b/a Tobin Center for the Performing Arts, 368 NLRB No. 46 (2019) in which the Board rebalanced the rights of property owners versus...more

NLRB Continues to Define Employer Ability to Protect Property and Access; Overturns Union-Friendly Precedent

Benesch on 9/10/2019

On Friday, September 6, 2019, the National Labor Relations Board (the “Board”) issued its third decision of the summer regarding employers’ ability to restrict access by nonemployees to its property (see prior analysis: Board...more

NLRB Members Lean Toward Possible Easing Of Restrictions On Off-Duty Employee Access Rules

Jackson Lewis P.C. on 9/10/2019

Two of the four members of the National Labor Relations Board (NLRB) have indicated they are willing to rethink a key element of the Board’s more-than-40-year-old precedent regarding employers’ off-duty employee access rules...more

NLRB Limits Non-Employee Leafletting On Employer Premises

Stokes Wagner on 9/4/2019

The National Labor Relations Board (the “Board”) recently issued a precedent-reversing ruling on August 23, 2019, that allows employers to bar non-employees from leafletting on their premises. In its decision, the Board held...more

NLRB: Property Rights Trump Off-Duty Employees’ Section 7 Rights

ArentFox Schiff on 8/30/2019

In a split decision, the National Labor Relations Board (NLRB or the Board) ruled last week that a property owner that is not in any underlying labor dispute, does not have to grant access to off-duty employees of an onsite...more

NLRB Rules that Employers Can Prohibit Access of Off-Duty Employees of Contractors for Section 7 Rights

Benesch on 8/27/2019

A property owner generally has the right to control access to its property, including the rights to restrict hours of access, to prohibit certain activities when access is granted, and exclude or prevent access. These rights...more

NLRB Finds “No Loitering” Policy Unlawful

Saul Ewing LLP on 5/18/2017

Many employers assume that they have broad authority to control off-duty employee access to employer property. A recent ruling by the National Labor Relations Board (NLRB) may require a second look at “No Loitering” policies....more

NLRB's Marina Del Rey Decision Provides a Primer On Keeping Employees Out of the Workplace After Hours

Hinshaw & Culbertson LLP on 10/28/2015

In the day and age when employees are working longer hours than ever, would an employer want to ban employees from workplace premises after their shift is over? Marina Del Rey Hospital did, and implemented a policy...more

Tinley Park Hotel and Convention Center: The NLRB Gets Out Its Selfie Stick

BakerHostetler on 7/7/2015

Over the past few years, many employers have found out—the hard way—that the National Labor Relations Board is serious in policing employee handbooks for provisions that the Board believes are “overly broad” under Section 7...more

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The National Labor Relations Act › Off-Duty Employee Access

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