News & Analysis as of

Off-Duty Employees National Labor Relations Board The National Labor Relations Act

Proskauer - Labor Relations Update

When Protesting Is Not Protected: NLRB Finds Employees’ Off-Duty Participation in Black Lives Matter Protests Not Protected...

On August 21, 2024, the NLRB affirmed an administrative law judge (“ALJ”) decision and held in SFR, Inc. d/b/a Parkside Café, 373 N.L.R.B. No. 84, that employees who participated in Black Lives Matter (“BLM”) protests outside...more

Miles & Stockbridge P.C.

NLRB’s General Counsel Says Employers Cannot Bar Outside Employment

The National Labor Relations Board (NLRB) is chipping away at employment agreements and other restrictive covenants one clause at a time. In a recent memorandum, the General Counsel said she believes restricting employees...more

DarrowEverett LLP

Q2 Employment Law Updates: Non-Competes, Religious Accommodation and More

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So far, 2023 has been a wild ride for employers, a theme that looks to be continuing into the third quarter of the year. While certain predictions we made during Q1 came true in Q2 (we are looking at you, NLRB), others such...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

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

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

Epstein Becker & Green

NLRB Opens the Door for Contract Workers to Engage in Off-Duty Section 7 Activities Wherever They Work

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On December 16, 2022, the National Labor Relations Board (”Board”) issued its decision in Bexar County II, which restricts the right of property owners to deny off-duty contract workers access to the property for the purpose...more

Proskauer - Law and the Workplace

Election Season and the Workplace, Part 1: Employee “Free Speech” and Political Activities

With Election Day just around the corner, we’ll be highlighting some of the issues facing employers in a two-part series on elections and the workplace. In this first installment, we’ll look at employee protections around...more

Seyfarth Shaw LLP

Employer “Dislike” Button—Disciplining Employees For Noxious Social Media Posts

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Seyfarth Synopsis: With the most contentious election of our lifetimes fast approaching, we might expect employees to engage in political conduct and share strong, controversial opinions while off duty, especially on social...more

Jackson Lewis P.C.

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

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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

Ogletree, Deakins, Nash, Smoak & Stewart,...

NLRB Continues Trend to Protect Employer Property Rights

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

Benesch

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

Benesch on

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

Jackson Lewis P.C.

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

Jackson Lewis P.C. on

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

Jackson Lewis P.C.

NLRB: Property Owners May Limit Off-Duty Access By Contractors’ Employees

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The National Labor Relations Board (NLRB) has ruled that a property owner lawfully may prohibit the off-duty employees of its on-site contractors (or licensees) from accessing its private property to engage in Section 7...more

Stokes Wagner

NLRB Limits Non-Employee Leafletting On Employer Premises

Stokes Wagner on

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

ArentFox Schiff

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

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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

Benesch

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

Benesch on

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

Seyfarth Shaw LLP

D.C. Circuit Rules That Off-Duty Employees Had A Right To Picket On Hospital Property

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Seyfarth Synopsis: U.S. Court of Appeals for the D.C. Circuit rules that the NLRB properly found that a hospital violated the NLRA by threatening employees with discipline and arrest for peacefully picketing on hospital...more

Vedder Price

NLRB Handbook Rules Change Like the Wind Post-Boeing

Vedder Price on

On June 6, 2018, the Office of the General Counsel of the National Labor Relations Board (“the NLRB” or “the Board”) published its most recent memo concerning employer handbook policies. The memo’s guidance reflects a stark...more

Sheppard Mullin Richter & Hampton LLP

Labor Board Back to Five Member Composition – What Obama-Era Precedent Is Next on the Chopping Block?

On April 11, 2018, former management lawyer John Ring was confirmed via a 50-48 party-line vote to serve on the five-member National Labor Relations Board (“Board”). Ring will replace Chairman Marvin Kaplan, another member of...more

FordHarrison

Off-Duty Employees Had Right to "Hang Out" on Employer's Property to Publicize Dispute

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An administrative law judge recently ruled that a Pacific Northwest fast food chain violated the National Labor Relations Act (NLRA) by maintaining a policy that prohibited off-duty employees from loitering or “hanging out”...more

Saul Ewing LLP

NLRB Finds “No Loitering” Policy Unlawful

Saul Ewing LLP on

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

Seyfarth Shaw LLP

Get Off My Lawn (Or Gurney): Off Duty Employees Allowed To Picket on Hospital Employer’s Property

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Seyfarth Synopsis: In a split decision, the NLRB ruled that off-duty employees of an acute care hospital had the right to picket the hospital’s main lobby entrance. After the collective bargaining agreement between acute...more

Fenwick & West LLP

eWorkplace Policies Restricting Employees’ Acceptable Use of Technology, Social Media & The Cloud

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I. OVERVIEW – THE MODERN LANDSCAPE - A. Physical Conduct PLUS Digital Activity - Traditional concerns for employers have included: conduct leading to liability to third-parties; “frolic and detour” or other...more

Morgan Lewis

NLRB Expands Employee Rights to Enter Workplace Outside Work Hours

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Board's recent decision in J.W. Marriott makes it more difficult for employers to control off-duty employee access to the workplace. Over the past year, the National Labor Relations Board (NLRB or Board) has used the...more

Constangy, Brooks, Smith & Prophete, LLP

The End of Common Sense? NLRB Decision on Off-Duty Access Leaves Employers in a Bind

Continuing its recent line of decisions that will cause many employers to restrict, rather than expand, opportunities for off-duty employees to access employers' facilities, a panel of the Board in Marriott International,...more

Miller & Martin PLLC

NLRB Holds Employers Cannot Bar Off-Duty Employees From Entering Facility If Allowed to Engage in a Variety of Company-Related...

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In a recent decision, Sodexo America LLC, 358 NLRB No. 79 (July 3, 2012), the NLRB declared that an employer rule prohibiting off-duty employees from coming into the interior of a hospital or onto outside areas of the...more

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