Button Bans – Be Careful

Employers often implement dress code policies and practices which prohibit employees from wearing all types of buttons or insignia in the workplace. These kinds of policies may be put in place for customer relations, appearance or other purposes. Unfortunately, such a policy runs a significant risk of being found as illegal by the National Labor Relations Board (NLRB). The NLRB, with frequent support from the courts, has long held that employees have the absolute right to wear union-related buttons or other insignia in the workplace, although limited exceptions may be carved out where extraordinary "special circumstances" exist. The Board's view has been that employees have the right to express their views about union issues through wearing buttons or other insignia – even where the employer consistently bans all other forms and types of these items from the workplace.