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The National Labor Relations Act › Tesla

The National Labor Relations Act is a United States federal statute enacted in 1935 to prevent labor strife by encouraging collective bargaining, protecting concerted activity and curtailing certain unfair labor... more +
The National Labor Relations Act is a United States federal statute enacted in 1935 to prevent labor strife by encouraging collective bargaining, protecting concerted activity and curtailing certain unfair labor practices by private sector managament and labor.  less -
Parker Poe Adams & Bernstein LLP

Interview Exchange Leads to Unfair Labor Practice Claims

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This week, Elon Musk interviewed former President Trump on his social media platform X. During the interview, the two participants discussed their response to a hypothetical strike at Musk’s Tesla production facility. Trump...more

Epstein Becker & Green

Fifth Circuit Redresses NLRB’s Tesla Decision but the Board Remains Undaunted

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After a flurry of pro-employee National Labor Relations Board (“NLRB”) decisions, the Fifth Circuit gave employers a glimmer of hope, rejecting the Board’s recent rule issued in Tesla, Inc., 371 NLRB No. 131 (2022) that...more

Constangy, Brooks, Smith & Prophete, LLP

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

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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

Bradley Arant Boult Cummings LLP on

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

Miles & Stockbridge P.C.

5th Circuit Reverses NLRB, Approving Dress Code Ban on Union Shirts

Miles & Stockbridge P.C. on

The National Labor Relations Board (NLRB) issued a controversial decision last year significantly limiting a company’s ability to implement and enforce uniform and dress code policies. In Tesla, Inc., 317 NLRB No. 131 (2022),...more

Cozen O'Connor

Fifth Circuit Refuses to Enforce the NLRB’s Ban on Uniform Requirements

Cozen O'Connor on

The Fifth Circuit’s decision in Tesla, Inc. v. National Labor Relations Board is a victory for employers seeking to enforce their uniform requirement without fear of running afoul of federal labor laws. The decision affirms...more

Fox Rothschild LLP

5th Circuit Shreds NLRB's Employee Uniform Policy Prohibition

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The 5th Circuit Court of Appeals has vacated the National Labor Relations Board’s (NLRB) 2022 ruling in Tesla, Inc. that held that the electric vehicle manufacturer violated the National Labor Relations Act (NLRA) by...more

Proskauer - Labor Relations Update

UPDATE: Fifth Circuit Affirms NLRB Ruling In Tesla Case, Ordering Elon Musk to Delete Union-Related Tweet

Proskauer - Labor Relations Update on

On March 31, 2023, the United States Court of Appeals for the Fifth Circuit affirmed a National Labor Relations Board (“NLRB”) decision issued in 2021 (previously discussed here), which held that Tesla Inc. violated 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

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

Proskauer - Labor Relations Update

NLRB Finds Restriction on Wearing Union Insignia In Workplace Unlawful

Proskauer - Labor Relations Update on

In a continuation of the current National Labor Relations Board’s (“NLRB” or “Board”) reversal of recent precedent established by the NLRB under the prior administration, on August 29, 2022, the Board held that Tesla, Inc.’s...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

Sherman & Howard L.L.C.

NLRB Cracks Down on Neutral Employer Dress Code Policies That Result in De Facto Ban of Union Apparel

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Absent “special circumstances,” an employer violates the National Labor Relations Act (“Act”) when its neutral dress code policy results in a bar on pro-union apparel in the workplace. In a decision involving automaker Tesla,...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

Fox Rothschild LLP

Are Employer Uniform and Dress Code Policies Dead?

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The National Labor Relations Board ruled on August 29, 2022 that workplace policies restricting or limiting employees’ wearing of union apparel are unlawful unless the employer can demonstrate the existence of “special...more

Stevens & Lee

Tesla Decision Overrules Employer Bans on Pro-Union Apparel

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The National Labor Relations Board (NLRB) held in a split decision that employers violate federal labor law by interfering in any way with an employee’s right to display union insignia without showing justifying special...more

Ballard Spahr LLP

NLRB Finds Elon Musk Tweet and Tesla Confidentiality Agreement Violated Employee Rights

Ballard Spahr LLP on

The National Labor Relations Board (NLRB or Board) recently held that Tesla Inc. and CEO Elon Musk violated the National Labor Relations Act (NLRA) by infringing on employees’ protected rights through a tweet, and through an...more

Proskauer - Labor Relations Update

Tesla and Musk Get a Shock from the NLRB – Tesla CEO Ordered to Delete Union Tweet and Eliminate Overly Broad Confidentiality...

Proskauer - Labor Relations Update on

In its March 25 decision, the NLRB unanimously held that: (1) Tesla violated the National Labor Relations Act (“NLRA”) after prohibiting employees from talking to the media; (2) Tesla did not violate the Act by calling...more

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