Off‐Duty Employees on Company Premises

Abstract

A recent case addresses when an employer can prohibit off‐duty employees from remaining on the employer's property to hand out union materials. In Burgerville, LLC v. Industrial Workers of the World, employees of a fast food restaurant created their own independent, informal union called the “Burgerville Workers Union.” Just outside the main entrance of the store, off duty employees distributed pamphlets advocating for a pay raise to other employees and customers.