On November 6, 2025, the Eighth Circuit vacated and remanded a split decision from the National Labor Relations Board ("NLRB" or "Board"), holding that the Board improperly rejected Home...
On November 6, 2025, the Eighth Circuit vacated and remanded a split decision from the National Labor Relations Board ("NLRB" or "Board"), holding that the Board improperly rejected Home Depot's "special circumstances" and business-justification defenses to banning an employee's BLM message on a customer-facing apron.
We previously covered the factual background of the underlying case and the NLRB's decision, in which the Board held that Home Depot violated the employee's Section 7 rights under the National Labor Relations Act ("NLRA" or the "Act") by restricting the employee's ability to wear the BLM insignia on their work attire.
In Home Depot U.S.A., Inc. v. NLRB, Nos. 24‑1406 & 24‑1513 (8th Cir. Nov. 6, 2025), the Eighth Circuit—in another decision reversing recent NLRB precedent (see other recent decisions here and here)—emphasized the time, place, and manner of the display, which was near Minneapolis during months of civil unrest following George Floyd's murder in 2020, and concluded that this context justified a narrowly-tailored restriction on a politically-charged message in a customer-facing retail setting.
The Eight Circuit reasoned that the Board failed to "properly consider [the employee's] BLM apron display in the context of this dispute at this location at this point...
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