NLRB Off-Duty Access Ruling Puts Employers In A Bind

Law360, New York (October 11, 2012, 10:13 PM EDT) -- A recent National Labor Relations Board decision invalidating a Marriott International Inc. off-duty access policy that gave managers discretion to grant exceptions forces employers to choose between two impractical policies: completely bar off-duty workers from their facilities or allow all such access.

In a 2-1 decision handed down Sept. 28, an NLRB panel found that the JW Marriott Los Angeles at L.A. Live's policy of prohibiting off-duty employees from accessing hotel property without managerial approval ran afoul of the National Labor Relations Act. The majority held...
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