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No-Access Rule

Hospital’s No-Access Rule Is Lawful, but Inconsistent Enforcement Was the Problem

[10/28/15]

Posted on October 28, 2015 in HR Insights for Health Care

Written by: Stephen W. Lyman

The National Labor Relations Board (“NLRB”) has reviewed a number of private employer rules restricting off-duty employees’ access to employer facilities. In some cases, the NLRB has held that the employer’s rule was unlawfully overbroad because it granted the employer too much discretion to determine the business reason for an employee’s access.  In other... READ MORE

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Hospital’s Off-Duty No-Access Rule – NLRB Says This One’s OK

[11/26/14]

Posted on November 26, 2014 in HR Insights for Health Care

Written by: Stephen W. Lyman

When can a hospital bar access to the premises when employees are off duty?  According to the NLRB in a recent case, it will depend on the hospital’s rule, how it is written and how much discretion the hospital has in interpreting the meaning of “hospital-related business.” Cafeteria Operator in the Hospital The hospital... READ MORE

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NLRB Says NO! to “No-Access” Rule for Off-Duty Employees

[07/06/12]

Posted on July 6, 2012 in HR Insights for Health Care

Written by: Stephen W. Lyman

Earlier this week, the NLRB continued its scrutiny of “overly broad” employer policies.  This time the NLRB held that a hospital’s “No-Access” rule for off-duty employees was unlawful because it gave too much discretion to the employer to determine what access was permitted.  The hospital’s policy was not at all that unusual and provided:  READ MORE

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