Court Rules That Employers Can’t Control Everything On Employee Uniforms

Inc. Magazine reports:

“Employers have the right to require employees to wear uniforms, but they don’t have the right to completely control everything on the uniform, the 5th Circuit Court of Appeals told In-N-Out.

Employees at an Austin, Texas, location wore ‘Fight for $15’ campaign buttons, and management told them to remove them, citing In-N-Out’s dress code, which required nine different parts: ‘white pants, a white shirt, white socks, black shoes, a black belt, a red apron, a gold apron pin, a company-issued name tag, and a hat,’ according to the Society for Human Resources.

Their handbook also stated that  ‘Wearing any type of pin or stickers is not permitted.’

This seems clear and legal, as companies can require dress codes. But, In-N-Out requires employees to wear buttons twice a year: for Christmas and to raise money for charity. The National Labor Relations Board said that indicated that there were no safety reasons for the ban, and that the dress code wasn’t enforced as strictly as it was written.

But, this doesn’t mean your employees can have a free-for-all on what they wear. The employees wished to wear a very specific pin: one that falls under a ‘protected concerted activity.’

This means, essentially, that employees were using their protected right to advocate for a raise. Employers are strictly forbidden from preventing employees from discussing employment conditions, including salaries.”

For the rest of the story, visit Inc. here.

Subscribe to the Nations largest union directory and blog site!


By submitting this form, you are consenting to receive marketing emails from: Senders Communications Group, 21201 Victory Blvd. #235, Canoga Park, CA, 91303, http://www.sendersgroup.com. You can revoke your consent to receive emails at any time by using the SafeUnsubscribe® link, found at the bottom of every email. Emails are serviced by Constant Contact

Featured Posts:

Country’s Oldest Craft Brewery Goes Union

Workers at a 123 year old craft beer brewery have voted yes to a union. The San Francisco Chronicle reports: ...
Read More

Thinking about RBG, the ERA, the ACLU and PFL, (Etc.) on IWD

We’re sure you recognize many of the acronyms in the above headline, but not to worry…we’ll decode the alphabet soup ...
Read More
The Westin

Leave a Reply