In-N-Out Burger has a uniform policy that forbids employees from wearing buttons, pins, or stickers on their uniforms because the burger chain wants to create the public image of a “sparkling clean” restaurant. This policy was challenged by workers who were refused to remove a “Fight for Fifteen” button. Let’s get to the law. First,…

In Boch Honda the employer maintained a handbook policy that prohibited customer-facing employees from wearing, among other things “message” pins. NLRB ALJ determined that the employer’s interests in workplace safety and preventing damage to vehicles met the special circumstances standard and justified the ban. As it’s prone to do, the NLRB reversed the ALJ and determined…

The Daily Grill, a “traditional American grill” restaurant in Los Angeles, prohibited its employees from wearing union buttons while interacting with customers. Although employees had been allowed to wear buttons such as “trainer” and “anniversary” pins, the restaurant threatened to discipline or sent home early several employees who, during a union organizing drive, wore one inch…

Companies frequently stop workers from wearing union buttons to show support for a union. This is permissible under the right circumstances. However, most companies, including this one, do not know when those circumstances are. The Union representing workers at a Health Bridge care center posted fliers and wore stickers on their clothes that said “Busted”…