On September 2, 2026, the U.S. Court of Appeals for the Second Circuit issued a decision that could make it easier for employers to defend workplace dress code and uniform policies against unfair labor practice challenges. In Siren Retail Corporation, d/b/a Starbucks Reserve Roastery v. NLRB, the court rejected the National Labor Relations Board’s (NLRB or Board) current framework for evaluating employer policies that restrict employees’ ability to display union-related clothing, buttons, or insignia at work.
Why This Matters
The NLRB’s 2022 Tesla decision created a legal presumption that employer uniform and dress code policies that restrict employees’ ability to display union insignia or messages are unlawful. To rebut that presumption, employers had to show not only “special circumstances” justifying the restriction, but also that the restriction was narrowly tailored to address those circumstances. The decision calls that framework into question within the Second Circuit and may provide employers with additional arguments for defending workplace appearance policies.
What Happened at Starbucks?
At issue in this case was the enforcement of Starbucks’ uniform policy at one of its flagship “Reserve Roastery” locations in New York City. During a campaign to secure a first collective bargaining agreement, a group of employees reported to work in t-shirts bearing their union’s name and logo. Because the t-shirts did not comply with Starbucks’ dress code, the employees were...
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