News & Analysis as of

Dress Codes Employee Rights

Constangy, Brooks, Smith & Prophete, LLP

Employer skirts constructive discharge claim

Some good lessons here. I assume our readers all know what a “constructive discharge” is, but just in case you don’t, it’s when an employer deliberately makes the employee’s life at work so miserable that the employee feels...more

Woods Rogers

Navigating the New Normal: Revisiting Your Workplace Dress Code

Woods Rogers on

The workplace landscape has shifted, and with it, employee attire. As employees return to the office, many opt for more casual wear, such as jeans and polo shirts, or even summer-appropriate clothing like tank tops and...more

Fisher Phillips

Politics, Protests, and Posts: What Employers Can (and Can’t) Do About Employee Speech in a Polarized Climate

Fisher Phillips on

As political tensions surge and employee expression spills into every corner of the modern workplace, employers are finding themselves caught in the crossfire. From off-hours protests to heated workplace debates and viral...more

Offit Kurman

Does Your Dress Code Discriminate? What Employers Need to Know

Offit Kurman on

In the ever-evolving landscape of workplace discrimination laws, savvy employers are reexamining longstanding policies—including those that may not seem controversial at first glance. One of the most commonly overlooked (yet...more

FordHarrison

Kanye’s Wife’s Grammy Dress Provides a Lesson in Dress Codes

FordHarrison on

During the biggest night in music, the 2025 Grammy awards ceremony, Kanye’s wife, Bianca Censori, caused quite a commotion by walking the red carpet when she removed her coat to reveal . . . just about everything. Her dress,...more

Fisher Phillips

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

Fisher Phillips on

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

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

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

Littler on

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

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

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?

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

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

Snell & Wilmer on

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

BakerHostetler on

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?

Littler on

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

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