Employer’s Dress Code Ban on BLM Apparel During Work Hours Upheld

Even though unionized workforces more commonly bring National Labor Relations Act (NLRA) claims, nearly all non-unionized employers must still comply with NLRA requirements and National Labor Relations Board (NLRB) decisions, which can impact employer operations.

This includes a recent NLRB decision, Whole Foods Market, Inc. (July 31, 2026), exploring whether an NLRA-covered employer — unionized or not — can prohibit employees from wearing “Black Lives Matter” or “BLM” messaging on their work uniforms during work hours as part of its dress code.

The issue is whether this messaging ban violates the NLRA by prohibiting employees from