Article
Second Circuit Rejects NLRB’s Tesla Dress Code Test: What The Starbucks Reserve Roastery Ruling Means For Employer Uniform Policies Under The NLRA
The U.S. Court of Appeals for the Second Circuit rejected the NLRB’s Tesla framework for evaluating employer dress code and uniform policies that restrict employees’ display of union insignia, holding that the Board’s presumption-based, narrow-tailoring approach misreads the Supreme Court’s Republic Aviation decision and must be replaced by a genuine balancing of employees’ organizing rights against employers’ legitimate business interests.
Bass, Berry & Sims PLC
