Many employers prohibit off-duty employees from accessing the
workplace. This is particularly true of employers in the
hospitality, healthcare, and manufacturing industries, where there
is a premium on ensuring guest, patient, and employee health and
safety. Recently, the National Labor Relations Board issued yet
another decision striking down an employer's off-duty employee
access policy, finding the policy unlawfully interfered with the
right of employees to engage in protected concerted activity.
J.W. Marriott at Los Angeles Live
In effect, the Board has presented employers with a classic
Hobson's Choice: either maintain a policy prohibiting off-duty
employee access for any reason, or have no off-duty access policy
at all.
