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Dress Codes Employee Rights

Fisher Phillips

Election Season in the Workplace: Employers’ Essential FAQs for 2024

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The election season promises to be turbulent, and your workplace will not be immune from the challenges that are sure to face us. What do you need to know about your rights and responsibilities as an employer now that the...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

BakerHostetler

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

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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

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

Bodman

Michigan Prohibits Hair-Based Racial Discrimination

Bodman on

On June 15, 2023, Michigan Governor Gretchen Whitmer signed Senate Bill 90, which amends the Elliott-Larsen Civil Rights Act (“ELCRA”) to prohibit discrimination based on traits historically associated with race, such as hair...more

Littler

Minnesota Expected to Pass CROWN Act Prohibiting Discrimination Based on Natural Hair

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Minnesota is poised to join at least 19 other states in enacting a CROWN Act, which stands for “Creating a Respectful and Open World for Natural Hair.”  The Act, which in Minnesota would come in the form of brief but...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

Payne & Fears

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

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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

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

Morgan Lewis

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

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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

Benesch

NLRB Overturns a Trump-Era Precedent; Employers Cannot Ban Union Insignia

Benesch on

​​​​​​​On August 29, 2022, the National Labor Relations Board (the “Board”) issued a precedent-shifting decision ruling that it was unlawful for Tesla Inc. to prohibit employees from wearing shirts bearing union insignia....more

Miles & Stockbridge P.C.

NLRB Reverses Course on Workplace Rules Banning Union Insignia

This week, the National Labor Relations Board (“NLRB” or “Board”) ruled that employers may not stop employees from wearing union insignia in the workplace without good reason. This decision, involving Tesla, Inc.’s dress code...more

Snell & Wilmer

Two More States Enact CROWN Act Laws Prohibiting Discrimination Based on Hair Texture and Style

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Louisiana and Massachusetts recently became the latest two states to pass laws on Creating a Respectful and Open World for Natural Hair (CROWN Act). CROWN Act laws generally prohibit discrimination based on hairstyles and...more

Fox Rothschild LLP

NLRB Complaint Suggests Employers Cannot Prohibit BLM Messaging in the Workplace

Fox Rothschild LLP on

On December 3, Region 20 of the National Labor Relations Board issued a sweeping, consolidated complaint alleging that Whole Foods Market, Inc. violated federal labor law by maintaining and enforcing rules regarding workplace...more

BakerHostetler

Social Justice Movements & Employee Dress Codes

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Employees showing support for social justice movements are starting to wear their advocacy positions on their sleeve – or on their face coverings or t-shirts. Who gets to decide what is offensive and what is not, and how...more

Constangy, Brooks, Smith & Prophete, LLP

Handbooks ‘R’ Us

Does size matter? Should your handbook cover underwear and love notes? Does using a random handbook you found online create problems? This episode delves into the good, the bad, and the ugly of employee handbooks. This...more

Littler

How Might Virginia’s New Legislative Trifecta Affect Employers in the Commonwealth in 2020?

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In the November 2019 election Virginia gained a Democratic “trifecta”—both legislative chambers and the governorship are now controlled by one political party. It has been over two decades since Democratic lawmakers...more

Jackson Lewis P.C.

[Webinar] Balancing Religious Accommodation Challenges and Patient Safety Concerns - October 29th, 2:00 pm ET

Jackson Lewis P.C. on

Responding to employees’ disability-based accommodation requests has become second nature for healthcare institutions. But, what about requests for religious accommodations? In this webinar, Jackson Lewis P.C. attorneys...more

FordHarrison

Beauty Contests Shine Light on Hairstyles, Stereotypes, and the Law

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What do beauty pageant winners, professional athletes, and employment law have in common? They are all tackling stereotypes and hairstyles, albeit with different approaches....more

Akerman LLP - HR Defense

Discrimination Based on Hair and Hairstyles: Protected or Knot?

Cornrows or locs may not fit your corporate image, but be careful: state and local legislation prohibiting workplace grooming and appearance policies that adversely impact employees of color have begun popping up around the...more

Holland & Knight LLP

For New York City Employers, It's All About the Natural - New Laws on Breastfeeding and Natural Hair Styles Require Change for...

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• New York City (NYC) employers must provide nursing mothers with a lactation room with accommodations, including an electrical outlet, nearby access to running water, a chair and a surface to place a breast pump. • All...more

Fisher Phillips

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

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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

FordHarrison

NLRB Holds that Hospital's Dress Code Policies Violate the NLRA

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In a 2-1 decision, the National Labor Relations Board (“NLRB” or the “Board”) held that a hospital’s policy that required direct patient care providers to wear hospital branded badge reels violated the National Labor...more

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