News & Analysis as of

Dress Codes National Labor Relations Board Employer Liability Issues

Manatt, Phelps & Phillips, LLP

NLRB, First Circuit Consider Black Lives Matter Items in the Workplace

Both the National Labor Relations Board (NLRB) and the First U.S. Circuit Court of Appeals weighed in on employees wearing Black Lives Matter items while at work, with the Board siding with the employee and the federal...more

Kohrman Jackson & Krantz LLP

A Lesson in Employee Rights: NLRB Ruling Against Home Depot’s Dress Code Enforcement

The National Labor Relations Board (NLRB) has ruled that a Minnesota Home Depot Store broke the law by telling an employee to remove a “BLM” marking from their work apron. The NLRB has recently decided in Home Depot USA, Inc....more

Harris Beach PLLC

NLRB Rules Prohibiting Black Lives Matter Apparel is Labor Law Violation

Harris Beach PLLC on

The National Labor Relations Board recently ruled that Home Depot USA, Inc. violated federal labor law when it prohibited an employee from wearing a work apron containing a handwritten reference to “Black Lives Matter.” This...more

Fisher Phillips

Workplace Law Update: 10 Essential Items on Your March To-Do List

Fisher Phillips on

It’s hard to keep up with all the recent changes to labor and employment law, especially since the law always seems to evolve at a rapid pace. In order to ensure you stay on top of the latest changes and have an action plan...more

BakerHostetler

Next Up in the NLRB’s Line of Fire: Protection for Employee Displays of Religious, Social, and Political Messaging

BakerHostetler on

On February 21, 2024, the National Labor Relations Board (NLRB or the Board) ruled that Home Depot violated Section 7 of the National Labor Relations Act (NLRA or the Act) when it effectively terminated an employee after the...more

Fisher Phillips

Labor Board’s “BLM” Ruling Will Require You To Review Your Dress Code and Other Workplace Policies: Your 5-Step Guide

Fisher Phillips on

The National Labor Relations Board just ruled that a national retailer must allow customer-facing employees who want to write “Black Lives Matter” on their uniforms to do so – and may have opened Pandora ’s Box when it comes...more

Constangy, Brooks, Smith & Prophete, LLP

The pendulum swings on dress codes, uniform policies, and union apparel. Can you justify your policy?

In August 2022 the National Labor Relations Board issued its decision in Tesla, Inc.,holding that an employer bears the burden of proving “special circumstances” if it “interferes in any way with its employees’ right to...more

Bradley Arant Boult Cummings LLP

No (Union) Shirt? No Problem: Fifth Circuit Strips Down NLRB’s Employee Uniform Rules

Can you enforce your uniform policy, even if that means an employee can’t wear a union t-shirt? Earlier this month, in Tesla, Inc. v. NLRB, the Fifth Circuit looked at that very question and ruled for Tesla....more

Fisher Phillips

Workplace Law Update: 10 Essential Items on Your October To-Do List

Fisher Phillips on

It’s hard to keep up with all the recent changes to labor and employment law, especially since the law always seems to evolve at a rapid pace. In order to ensure you stay on top of the latest changes and have an action plan...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Federal Judge Rules Grocery Store Did Not Retaliate Over Facemask Dress Code Policy

On January 23, 2023, a Massachusetts federal judge ruled that a group of former employees had not shown that a grocery store chain unlawfully retaliated against them for opposing a dress code policy that prohibited the...more

Venable LLP

NLRB Rules That Workplace Policies Restricting Wearing of Union Insignia Are Unlawful Absent "Special Circumstances"

Venable LLP on

​​​​​​​In a recent 3-2 decision titled Tesla, Inc., the National Labor Relations Board (NLRB) ruled that workplace policies restricting the wearing of union insignia or apparel are presumptively unlawful, even if those...more

McNees Wallace & Nurick LLC

Tesla Violates Federal Labor Law with “Work Shirts” Rule

The National Labor Relations Board has held that Telsa must allow employees to wear shirts with a union insignia while on the job.  The decision is certainly a learning opportunity for employers and a strong signal of the...more

Epstein Becker & Green

#WorkforceWednesday: The Union-Friendly Biden NLRB, California's FAST Act, and Pay Transparency in California - Employment Law...

Epstein Becker & Green on

This week, we look at labor law and pay developments from the National Labor Relations Board (NLRB) and in California. NLRB Continues Union-Friendly Direction Two recent actions from the NLRB show a continued pro-employee...more

Payne & Fears

NLRB Makes It Harder for Employers to Enforce Dress and Uniform Policies

Payne & Fears on

On Aug. 29, 2022, the National Labor Relations Board (“NLRB”) issued its decision in Tesla, Inc., 371 NLRB No. 131 (2022), one of the first major decisions by the now Democratic-controlled board to overrule a decision from...more

FordHarrison

NLRB Reaffirms "Special Circumstances" Test for Union Insignia Cases

FordHarrison on

Executive Summary: On August 29, 2022, in a 3-2 decision, the National Labor Relations Board (NLRB or Board) reaffirmed that when an employer interferes in any way with its employees’ right to display union insignia, the...more

Jackson Lewis P.C.

NLRB Rules Employers Cannot Restrict Employees’ Right to Display Union Insignia

Jackson Lewis P.C. on

On August 29, 2022, the National Labor Relations Board (NLRB) issued a decision finding that absent special circumstances, employers may not enforce dress codes or uniform policies that interfere with employees’ right to...more

Steptoe & Johnson PLLC

National Labor Relations Board Relaxes Standard for Union Insignia in the Workplace

On August 29, 2022, the National Labor Relations Board (the Board) issued a major decision in Tesla Inc. that reversed a previous standard set by the Board in 2019. Previously, employers enjoyed substantial discretion to...more

Husch Blackwell LLP

NLRB Mandates National Dress Code

Husch Blackwell LLP on

On August 29, 2022, the NLRB issued its decision in Tesla, Inc., overruling precedent that allowed employers to enforce facially-neutral dress codes to prohibit wearing non-conforming attire, including union insignia and...more

Franczek P.C.

Your Neutral Uniform Policy May Violate the NLRA

Franczek P.C. on

In Tesla Inc., the National Labor Relations Board (“Board”) recently reversed a 2019 decision in Wal-Mart Stores Inc. that gave employers leeway when adopting neutral non-discriminatory dress codes. Instead, the Board applied...more

Morgan Lewis

Did Federal Labor Law Just Abolish Your Organization’s Dress Code or Uniform Policy?

Morgan Lewis on

The US National Labor Relations Board recently issued its first precedent-shifting decision under the Biden-Harris administration concerning employer dress codes and uniform policies. The Board, in a 3-2 split decision, held...more

Amundsen Davis LLC

NLRB Rules that Restricting Pro-Union T-Shirts Violates Labor Law

Amundsen Davis LLC on

On August 29, 2022, the National Labor Relations Board (NLRB) examined workplace restrictions on the display of union insignia where employers require employees to wear uniforms or designated clothing. ...more

Fisher Phillips

Would You Like Fries And A Political Opinion With That? Regulating Employee Buttons, Pins, And Insignia In The Workplace

Fisher Phillips on

Burgers and buttons are making headlines again. Employees at Burgerville—a fast-food restaurant chain in the Pacific Northwest—recently took to wearing buttons to work and were sent home for the day. These buttons were not...more

Seyfarth Shaw LLP

NLRB Reversed for Ignoring “Common Sense”

Seyfarth Shaw LLP on

In Southern New England Telephone Company v. NLRB, the D.C. Circuit reversed an NLRB decision finding it unlawful to prohibit public-facing employees (including in-home service technicians) from wearing a particular t-shirt...more

23 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide