News & Analysis as of September 18, 2024

The National Labor Relations Act

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The National Labor Relations Board is an independent agency of the United States federal government created in 1935 as part of the National Labor Relations Act. The Board consists of five presidentially-appointed members, who are charged with overseeing union elections and hearing complaints of unfair labor practices under the NLRA. less -

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

Fisher Phillips on 9/12/2024

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

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

Manatt, Phelps & Phillips, LLP on 5/28/2024

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

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

NLRB Rules Prohibiting Black Lives Matter Apparel is Labor Law Violation

Harris Beach PLLC on 3/4/2024

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

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

BakerHostetler on 3/1/2024

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

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

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

Miles & Stockbridge P.C. on 11/30/2023

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

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

When Employment and Traditional Labor Collide: Whole Foods Wins One in the Ongoing Legal Battle Concerning Black Lives Matter...

Sherman & Howard L.L.C. on 1/31/2023

Whole Foods recently scored a victory in its fight to defend its dress code prohibition on non-Whole Foods brands and logos. The United States District Court for the District of Massachusetts, (“the Court”) granted Whole...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

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 Reaffirms "Special Circumstances" Test for Union Insignia Cases

FordHarrison on 9/12/2022

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

NLRB Finds Restriction on Wearing Union Insignia In Workplace Unlawful

Proskauer - Labor Relations Update on 9/7/2022

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

Your Neutral Uniform Policy May Violate the NLRA

Franczek P.C. on 9/7/2022

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

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 Embraces Stringent Review of Employer Dress Codes

Faegre Drinker Biddle & Reath LLP on 9/1/2022

On August 29, the National Labor Relations Board (NLRB or the Board) overturned a 2019 decision concerning the lawfulness of employer-promulgated dress codes and workplace apparel policies. In Tesla, Inc., the Board majority...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

Tesla Decision Overrules Employer Bans on Pro-Union Apparel

Stevens & Lee on 8/30/2022

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

NLRB Administrative Law Judge Rules NLRA Does Not Protect BLM Messaging at Workplace

Fox Rothschild LLP on 6/22/2022

A National Labor Relations Board Administrative Law Judge (ALJ) recently dismissed a complaint against Home Depot USA, Inc., in which the NLRB General Counsel (GC) alleged the company violated the National Labor Relations Act...more

NLRB Blesses Wal-Mart Policy Restricting Union Insignia at Work

Benesch on 12/27/2019

Just before Christmas, the National Labor Relations Board (“NLRB”) evaluated two dress code policies limiting - but not prohibiting - employees from wearing union insignia at work. Wal-Mart Stores, Inc., 368 NLRB No. 146...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

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