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NLRB sets new limits on your off-duty employee access rules

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in Employment Law,Human Resources

Does your organization set restrictions on when and where off-duty employees can access your workplace? If so, you should review a new National Labor Relations Board (NLRB) ruling that narrows the circumstances under which you can keep off-duty workers off your premises.

The case involved a California hospital whose rule stated: “Off-duty employees are not allowed to enter or re-enter the interior of the hospital or any other work area outside the hospital except to visit a patient, receive medical treatment or conduct hospital-related business.”

Relying on its past rulings, the NLRB said the hospital’s policy was overly broad. It said an off-duty employee access policy will be upheld only if it:

  • Limits access solely to the interior of the facility
  • Is clearly disseminated to all employees
  • Applies to all off-duty access, not just union activity.

Advice: Re-examine your no-access policy to make sure it fits this narrowly tailored rule. Make sure you consistently apply and enforce your rule for all employees. Access the ruling here. (Sodexo America, 358 NLRB 79)

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