The U.S. Court of Appeals for the Second Circuit ruled on Sept. 2 that the NLRB’s 2022 Tesla framework improperly favored employees’ organizing rights over employers’ legitimate business interests. The decision, arising from a dispute involving Starbucks employees wearing union apparel, could make it easier for employers to defend uniform and dress code policies against unfair labor practice charges.
However, the ruling does not give employers unrestricted authority to regulate workplace attire, particularly when union activity is involved.
Toolkit: Managing Employee Dress and Appearance
The case, Siren Retail Corporation, d/b/a Starbucks Reserve Roastery v. NLRB, originated at a Starbucks Reserve Roastery in New York City in 2022.
During a union organizing campaign, several employees arrived at work wearing black T-shirts displaying the Starbucks Workers United name and logo. Management instructed them to change into clothing that complied with the company’s dress code, prompting an unfair labor practice charge.
The dispute centered on three policies: a restriction limiting employees to one union pin, a prohibition on pins addressing political, religious or personal issues, and a rule restricting unapproved logos or writing on shirts.
The National Labor Relations Board (NLRB) ultimately found all three restrictions unlawful under its Tesla standard, which presumed that workplace dress codes restricting union insignia violated federal...
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