NLRB Off-Duty Access Ruling Puts Employers In A Bind

Law360.com

Littler attorney Walter Hunter is quoted in this article about a recent National Labor Relations Board decision invalidating a Marriott International Inc. off-duty access policy that gave managers discretion to grant exceptions and forces employers to choose between two impractical policies: completely bar off-duty workers from their facilities or allow all such access. “It leaves [employers] in an untenable position,” stated Hunter. “If they adopt a zero-tolerance policy, it prohibits employees from entering the premises even for truly legitimate reasons, but if they don't adopt a zero-tolerance policy, they lose their ability to control access to the property for nonlegitimate or non-business related reasons.”

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