The National Labor Relations Board (NLRB) recently ruled that In-N-Out Burger, a fast food chain operating in the southwest and western United States, had violated Section 8(a)(1) of the National Labor Relations Act by prohibiting employees from wearing buttons, pins, or stickers on their uniforms. Although the burger chain defended themselves by saying they wanted to present a “sparkling clean” image to their customers, the board felt the chain did not adequately prove their right to restrict union insignia under the “special circumstances” exception. In-N-Out Burger does not currently have a union.
The case has brought two points to the forefront. One, most private employers are covered by the NLRA, even if they aren’t unionized. And two, burden of proof that a dress code does not violate these laws belongs to the employer.
For information about this case and ways employers can protect themselves, read more here.
