What We're Watching | Week of September 5, 2022
What We're Watching, a weekly summary from the team at Boss Consulting HR, to highlight the ever-moving parts that is Human Resources.
Federal Updates
Tread Lightly – Union Insignia in the Workplace, Do Employers Have a Say?
In a move by the National Labor Relations Board (NLRB), employers face restrictions from prohibiting union symbols within their workplace. This is a reversal of previous policy, so we encourage you to read on.
Last week, the NLRB returned to a pre-2019 “special circumstances” policy for enforcing union insignia on employee clothing. This reversal comes after a case with Tesla and employees. The tech giant barred workers from wearing clothing with union representation in their warehouses.
In a decision, the NLRB affirmed that workers are allowed to show their union support across various forms of communication. Clothing being one of these. It is not for the employer to determine which forms of communication are and are not allowed within the workplace.
This ruling is seen to apply widely to employers in various sectors. For this reason, it is essential you review your own dress code policies to ensure they do not limit employee rights under this new stricter “special circumstances” case law.
This article from Shipman outlines four main takeaways from the Tesla case. Each provides caution in determining your own policies and procedures. We recommend giving it a read. Click here to learn more.