NLRB Narrows Employer Property Rights in Key Solicitation Decision

In the interest of maintaining a  proper business environment and preventing interference with work and inconvenience to others, employees … may not distribute literature …of a personal nature by any means, … or solicit for any other reason during work time or in work areas except as specifically authorized in advance by a vice president or higher. Employees who are not on work time ([e.g.] …on lunch or break) may not solicit employees who are on work time.

Until recently, I would have told you that such a policy was perfectly legal under the NLRA. Under today’s NLRB, however, this policy is a no-no.

The Solicitation in the Workplace policy is unlawful. Its blanket prohibition of all work area solicitations, including those work area solicitations that occur during non-work time, is unlawful. This policy also unlawfully requires obtaining management’s approval before embarking on such solicitations.

So, employers, it’s time to dust off your employee handbooks. If you haven’t reviewed your handbook in a year or more, this case serves as a good reminder that our labor and employment laws operate in constant flux, and our handbooks must reflect and keep up with those changes. Now, go read your no-solicitation policy (and the rest of your handbook), and call your friendly neighborhood employment lawyer for that update.