Employers can generally tell employees to remove “Black Lives Matter” buttons, pins, and face masks while they’re on the clock, according to the most sweeping ruling yet from the National Labor Relations Board under the second Trump administration. This issue has been brewing since the summer of 2020 and has seen years of mixed rulings, including one decision in favor of workers that was sent back by a federal appeals court. But the July 31 decision in Whole Foods Market, Inc.dismisses unfair labor practice charges brought by a group of employees, finding that wearing BLM messaging on the job simply wasn’t protected by federal labor law. Here’s what changed, how it fits with what we’ve told you before, and four steps you should consider taking now.

A Quick Recap We’ve been tracking this issue for a while, so it’s worth a quick review of past rulings: In February 2024, the Board found that a Minneapolis-area retail employee’s BLM display was protected in a different case, reasoning that his refusal to remove it was a “logical outgrowth” of earlier complaints about workplace treatment. In November 2025, the 8th US Circuit Court of Appeals vacated that ruling, but on technical grounds. The court declined to say whether displaying BLM messaging was protected activity.

Board Decides in Employer’s Favor

This case consolidated 18 charges filed by current and former Whole Foods employees who wore BLM messaging on masks, pins, buttons, t-shirts, and even nametag inserts...

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