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Labor: NLRB decision makes it more difficult for employers to restrict off-duty employee access to the workplace

Policies must be uniformly applied, clearly disseminated and restricting access only to work areas

The National Labor Relations Board (NLRB) recently made it more difficult for employers to restrict off-duty employee access to the workplace through its Sept. 28 decision in Marriott International, Inc., which applies to employers with or without unions in the workplace.

In Marriott International, the NLRB evaluated the legitimacy of two off-duty employee access policies promulgated, revised and maintained by Marriott. The first—the “access rule—restricted off-duty access to work areas by employees without prior management approval. The original access rule restricted off-duty access to “interior areas,” but excluded from the policy non-work areas such as Marriott’s parking lot. The revised rule, however, more broadly restricted access to Marriott’s “property.”

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John Kuenstler

John F. Kuenstler is a partner in the Chicago office of Barnes & Thornburg LLP and a member of the Labor and Employment Department. Mr....

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