| “In general, the National Labor Relations Act permits an employer to maintain a rule prohibiting solicitation by employees during their work time, but not during non-work time. (Retailers also may prohibit solicitation in selling areas during both work and non-work time and health care employers may prohibit solicitation in patient care and treatment areas during both work and non-work time, as well.)
”A rule containing a blanket prohibition against solicitation (e.g., “no solicitation”) generally is unlawful because it could be interpreted by employees to prohibit employee solicitation during the employees’ non-work time. A rule prohibiting all non-employee solicitation on the premises, however, is lawful.” Read the complete analysis: Jackson.Lewis.com |
16 December 2012
• No-Solicitation Rules Lawful? Sometimes Yes; Sometimes No.
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