Beware the buttons! Richard Albert of Foley & Lardner warns employers that dress-code policies, particularly those that ban insignia in the workplace, may not pass muster with the National Labor Relations Board.
“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,” he says, explaining that courts frequently have sided with employees and allowed them to wear union-related buttons, among others. It is only under “special circumstances” that an employer can impede this right.
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