5th Circuit: NLRB Lacks Authority To Make All Uniforms Presumptively Unlawful

( December 7, 2023, 7:36 AM EST) -- NEW ORLEANS — The National Labor Relations Board erred when it decided that when an employer’s uniform policy “advances a legitimate interest of the employee” and doesn’t discriminate “against union communication,” it is unlawful, a Fifth Circuit U.S. Court of Appeals panel wrote, granting a petition for review by Tesla Inc., denying the NLRB’s application for enforcement and vacating the NLRB’s decision....

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