UNFAIR PRACTICE ISSUES; PROTECTED ACTIVITIES – Other

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An employer normally must permit off-duty protected activities, including activity in nonwork times and/or nonwork areas. (County of Tulare (2020) PERB Decision No. 2697-M, p. 20.) Thus, an employer acts unlawfully if it bars protected communications “during the workday” or on the employer’s “premises” or “property,” because the employer must tolerate such communications to the same extent as it tolerates other nonofficial activities, such as during breaks. Here, SunLine did not allege that Garcia filmed or posted any videos during his work hours. (Ibid.) (p. 22, fn. 11.)