Solicitation and Distribution: US

This Solicitation and Distribution policy sets clear, even-handed rules for when and where employees and non-employees may solicit or distribute materials at work, while protecting legally protected communications under the National Labor Relations Act (NLRA). Used well, it helps your organization reduce distractions and avoid workplace disruption without crossing the line into restricting employees' rights to discuss wages, hours, working conditions, or other terms of employment. It also gives managers practical guidance on common scenarios, like fundraising, selling goods, sharing flyers, and using email or chat tools for non-work messages.

The History Behind Solicitation and Distribution Policies in the US

Solicitation and distribution rules became a standard Workplace Rules & Logistics policy when federal labor law started to specify what employers can restrict at work. The National Labor Relations Act of 1935 gave employees the right to organize and to talk with each other about terms and conditions of employment. Employers still needed a way to manage interruptions and clutter on the shop floor and in offices, so the fight moved to a practical question: when and where can people ask coworkers to sign something, join something, or take a flyer?

The National Labor Relations Board and courts answered that question over decades by treating "work time" and "work areas" as the main levers. The Supreme Court's Republic Aviation decision in 1945 backed the idea that employees can engage in union solicitation on non-working time, and that a blanket ban is usually unlawful without special circumstances. Later cases, including Beth Israel Hospital in 1978, pushed employers to be precise about where distribution can be limited, especially in non-work areas like cafeterias and break rooms. The NLRB also treated discrimination as the third rail, so a rule that allows charity drives or sports pools but bans union talk can create an unfair labor practice problem fast.

Modern solicitation and distribution policies take into account email, intranets, slack/teams usage and remote work, where "distribution" can mean a mass message instead of a stack of pamphlets. The NLRB's Purple Communications decision in 2014 briefly expanded employee use of employer email for NLRA-protected activity during non-working time, and Caesars Entertainment in 2019 narrowed that approach again for many workplaces. That back-and-forth is why many employers keep the policy simple and even-handed, and why the best versions include an explicit NLRA carve-out so your rules about productivity do not accidentally read like a rule against protected concerted activity.

Which Law is the Solicitation and Distribution Policy Meant to Comply With?

If you create and distribute a Solicitation and Distribution Policy for your US-based employees, be sure it's in compliance with guidance from the National Labor Relations Act (NLRA).

How to Write an US-Specific Solicitation and Distribution Policy

• Start with "why" and introduce the concept, support employees' outside causes while keeping work welcoming and productive.
• Set a rule that employees can't solicit or distribute materials during their own working time or the working time of the person they approach.
• Define "work time" at a high level so employees understand it means time they are expected to be working, not breaks or off-duty time.
• Set a rule that employees can't distribute materials in work areas while work is being performed.
• Define "work areas" at a high level so employees understand it covers spaces where job tasks are performed, not typical common areas.
• Prohibit solicitation and distribution by non-employees on your organization's property.
• Include a clear statement that the policy does not limit legally protected communications and activity, including discussions about wages and working conditions.

When to Include this Policy in Your Employee Handbook

The law does not require you to publish a policy or issue a specific notice. That said, you still have to comply with the requirements that apply to you as an employer.

Even when notice is not required, this is still the kind of policy many employers put in their handbook or otherwise publish to employees. It answers a question employees will ask, sets expectations, and gives managers a consistent script. If you do not include it, you will end up dealing with these situations in ad hoc ways, and that's when inconsistency, resentment, and accidental non-compliance shows up. 

Other Considerations

The law applies to US employers who have at least 1 employee in the US, but practically isn't very useful until you have several employees interacting with each other.

If you cannot enforce a policy like this consistently (e.g. when employees are soliciting others for girl scout cookie purchases or a beloved co-worker's dog's cancer treatment gofundme campaign), it may be less risky to not have this policy at all. Work with your legal counsel to decide what's best for your organization.

Exceptions

None.