Off‐Duty Employees on Company Premises

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.