NLRB, Unions, Uniforms

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

Kohrman Jackson & Krantz LLP on 3/21/2024

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

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

Epstein Becker & Green on 12/15/2023

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

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

Constangy, Brooks, Smith & Prophete, LLP on 12/12/2023

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

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

Bradley Arant Boult Cummings LLP on 11/30/2023

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

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

Cozen O'Connor on 11/29/2023

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

5th Circuit Shreds NLRB's Employee Uniform Policy Prohibition

Fox Rothschild LLP on 11/20/2023

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

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

Venable LLP on 9/27/2022

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

Stare Decisis: Dress Codes, Union T-Shirts and the NLRB

Warner Norcross + Judd on 9/20/2022

The vocabulary phrase for today’s episode of Warner Employment News From the Law Shanty is “stare decisis.” Steve addresses the recent National Labor Relations Board case, Tesla Inc., 370 NLRB (2022), involving employees...more

Tesla Violates Federal Labor Law with “Work Shirts” Rule

McNees Wallace & Nurick LLC on 9/14/2022

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

Divided NLRB Reaffirms Employees’ Right to Wear Union Apparel Absent “Special Circumstances”

McGuireWoods LLP on 9/14/2022

On Aug. 29, 2022, the National Labor Relations Board (NLRB) ruled in a 3-2 decision along party lines in Tesla, Inc. , 370 NLRB No. 131 (2022), that an employer cannot impose any restriction on its employees’ right to wear...more

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

Payne & Fears on 9/12/2022

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

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

Jackson Lewis P.C. on 9/9/2022

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

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

Steptoe & Johnson PLLC on 9/8/2022

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

NLRB Mandates National Dress Code

Husch Blackwell LLP on 9/8/2022

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

NLRB Strikes Down Tesla’s Dress Code Policy, Reaffirming Employees’ Right to Wear Labor Union Insignia at Work

Cozen O'Connor on 9/8/2022

On August 29, 2022, the National Labor Relations Board (NLRB or Board) reaffirmed employees’ right to don union insignia in the workplace and found that Tesla, Inc., the electric vehicle manufacturer, violated federal labor...more

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

Morgan Lewis on 9/2/2022

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

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

Sherman & Howard L.L.C. on 9/1/2022

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

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

Amundsen Davis LLC on 8/31/2022

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

Are Employer Uniform and Dress Code Policies Dead?

Fox Rothschild LLP on 8/31/2022

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

Labor Board Confirms Employees’ Uniform Protest Is Protected Activity

Fisher Phillips on 11/18/2020

The National Labor Relations Board recently ruled that an employer could not discipline a group of protesting employees who reported to work in street clothes instead of their uniforms to draw attention to a uniform shortage....more

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

Fisher Phillips on 11/2/2018

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

“No Flair! Is That Fair? Fifth Circuit Overturns Burger Joint’s Ban on Buttons”

Bradley Arant Boult Cummings LLP on 7/11/2018

Many of us remember the classic scene from “Office Space” where Jennifer Aniston’s waitress character was chastised for not having enough “flair”—whimsical buttons on her uniform. The Fifth Circuit recently addressed the...more

Labor Board Finds Nothing Special About Burger Chain’s Uniforms - What Employers Need To Know About Latest Uniform Policy Decision

Fisher Phillips on 5/2/2017

The National Labor Relations Board recently ruled that In-N-Out Burger’s uniform policy, which forbids employees from wearing buttons, pins, or stickers on their uniforms, violated Section 8(a)(1) of the National Labor...more

NLRB Finds That Fast-Food Company Must Allow Employees To Wear “Fight For $15” Buttons

Seyfarth Shaw LLP on 4/5/2017

Seyfarth Synopsis: NLRB rules that fast-food company violated the National Labor Relations Act by maintaining a rule prohibiting employees from wearing unauthorized buttons or insignia and by instructing an employee to remove...more

Restaurant Chain Must Allow Employees to Wear Union Buttons

Best Best & Krieger LLP on 3/27/2017

The National Labor Relations Board recently determined that In-N-Out Burger violated the National Labor Relations Act by maintaining and enforcing a work rule prohibiting employees from wearing any type of unauthorized...more

National Labor Relations Board › Unions › Uniforms

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