Small Businesses Support Uniform Policies in Fifth Circuit Amicus Brief

Date: February 10, 2023

NFIB argues employers can require uniforms with business logos

WASHINGTON, D.C. (Feb. 10, 2023)NFIB submitted an amicus brief supporting Tesla in the case Tesla, Inc. v. National Labor Relations Board at the United States Court of Appeals for the Fifth Circuit. This case involves whether employers can require employees to wear uniforms at work, so long as employees are allowed to also display union insignia. NFIB’s brief argues that the National Labor Relations Act (NLRA) permits these policies, and the National Labor Relations Board was wrong to enact a strict standard that effectively bans employers from enacting uniform policies.

“There are numerous small businesses across the country that require uniforms in the workplace,” said Beth Milito, Executive Director of NFIB’s Small Business Legal Center. “Small business owners want and deserve the freedom to require uniforms at work in order to guarantee uniformity and professionalism for their staff. That is not incompatible with the NLRA. NFIB’s brief argues that employers can require uniforms with business logos while still permitting employees to display union logos in other ways.”

NFIB previously submitted an amicus brief to the NLRB supporting Tesla’s position that employers can require certain types of uniforms with business logos during work hours.

The NFIB Small Business Legal Center protects the rights of small business owners in the nation’s courts. NFIB is currently active in more than 40 cases in federal and state courts across the country and in the U.S. Supreme Court.

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