In the day-to-day responsibilities of a human resources professional, it is hard to keep on top of everything workplace related. For many, it is easy to forget that their responsibilities for employee behavior do not start at the front door. Instead, for businesses that have designated parking lots, HR professionals must concern themselves about many issues that take place once employees enter the parking lot. Here are five issues HR professionals who work for companies with designated parking spaces should be aware.
Union Organizing
Under the National Labor Relations Act (NLRA), employees have a legal right to organize in order to improve their working conditions. This right includes talking amongst themselves and also third parties to discuss how they can best accomplish their goal of making workplace changes. As part of this right includes discussions on company property. This right and restrictions are referred to as solicitation and distribution rules.
Solicitation involves the one person requesting that another person take a specific action. For example, one employee may ask another employee to attend an after-work meeting with union organizers about the possibility of joining a union. In the non-union context, solicitation includes one co-worker asking another to donate money or time to help a local non-profit.
Distribution involves one person providing published information to an employee. For example, one employee may give another employee a pamphlet about the benefits of joining a union. In the non-union context, distribution includes something as simple as giving co-workers flyers about a music concert in which the employee will be performing.
Regarding parking lots, as long as both the giver and the receiver are employees and are off the clock, they may both fully engage in solicitation or distribution. However, employers are not generally required to allow third parties to engage in solicitation or distribution on company-controlled parking lots.
Car accidents
Car accidents are, unfortunately, a fact of life. And the more employees a business has, the more likely it is that there will be car accidents in company parking lots. HR professionals need to be aware they may need to get involved in not only parking lot accidents involving company vehicles but also car accidents involving the personal vehicles of employees, vendors, or visitors.
When an accident occurs on company property, HR professional should be prepared to do their due diligence to gather as much information as possible about the accident as possible to help protect the company and the parties involved. Doing a thorough investigation and gathering witness statements, photos, and other relevant documents will prepare the company from the fallout from the accident which may include the victim hiring a Parking Lot Accident Attorney.
Firearms and “Gun in Trunk” Laws
Some businesses would prefer to ban employees from having firearms on company property. However, although companies can generally prohibit workers from having firearms in company buildings, they may not be able to prohibit employees from storing firearms in their personal vehicles in company parking lots.
Many states have passed what are referred to as “gun in trunk” laws. These laws permit employees to store firearms in their personal vehicles while they are at work so long as the firearms are properly stored. States that currently have “gun in trunk” laws include:
Alabama, Alaska, Arizona, Arkansas, Florida, Georgia, Illinois, Indiana, Kansas, Kentucky, Louisiana, Maine, Minnesota, Mississippi, Nebraska, North Dakota, Ohio, Oklahoma, Tennessee, Texas, Utah, and Wisconsin.
| Alabama | Illinois | Minnesota | Oklahoma |
| Alaska | Indiana | Mississippi | Tennessee |
| Arizona | Kansas | Nebraska | Texas |
| Arkansas | Kentucky | North Dakota | Utah |
| Florida | Louisiana | Ohio | Wisconsin |
| Georgia | Maine |
Theft
Much like car accidents, it may be difficult to fully eliminate theft in company parking lots. Also, the likelihood of parking lot theft is higher for companies whose employees work at night.
HR professionals may be tasked with efforts to minimize parking lot theft. This may include providing training or written information to employees about the risk of parking lot theft and steps they can take to minimize that risk such as locking their car doors and not leaving items visible in their cars when they are working. They may also have the responsibility to make sure parking lots have the proper signs about theft and lighting as well as hiring security employees or contractors to monitor the parking lots.
Also, HR professionals must be prepared to investigate claims of parking lot theft to protect the company and employees from potential criminal or civil theft claims.
Loitering
Depending on where a company parking lot is located, HR professionals may be tasked with minimizing loitering by third parties. Loitering involves a person remaining on the company premises, including parking lots, for an extended period of time without a good faith purpose. It may also be against the law depending on the circumstances.
Allowing third parties to loiter on company premises and parking lots creates unnecessary risks and may distract employees and make them uncomfortable. HR professionals should be prepared to assume the responsibility address loitering in a manner that is safe for employees and themselves. This may include collecting information regarding the situation, having someone from the company confronting the loitering party, and being prepared to call local authorities to help cure the problem.
Conclusion
HR Professional have a lot to worry about each day. Unfortunately, one of those worries is company-controlled parking lots. Fortunately, HR professionals can help themselves by being aware of the various risks and prepared to put their investigation skills to action so that their employees and their companies are best protected.
