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Legal & regulatoryNewsSeptember 8, 2026

Second Circuit Pushes Back on the NLRB's Dress-Code Standard

A ruling in the Starbucks Reserve Roastery case questions how much weight the Board gives employer brand interests when uniform policies restrict union insignia.

A Starbucks Reserve Roastery in New York City required baristas to wear a standard uniform and limited how many pins or buttons they could display at once. When employees pushed back — wanting to wear union insignia in support of an organizing campaign — the National Labor Relations Board found the policy unlawful. On September 2, 2026, the Second Circuit disagreed, holding that the Board had not properly weighed Starbucks's interest in its brand image against employees' Section 7 rights to wear union-related apparel. The decision, [Siren Retail Corporation d/b/a Starbucks Reserve Roastery v. NLRB](https://natlawreview.com/article/second-circuit-rejects-application-nlrbs-tesla-framework-workplace-dress-code-and), reaches beyond one coffee shop's dress code — it puts a dent in the analytical framework the Board has used to evaluate appearance policies since 2023. Employees have long had a right, rooted in [Republic Aviation Corp. v. NLRB](https://www.nlrb.gov/about-nlrb/rights-we-protect/your-rights/employee-rights), 324 U.S. 793 (1945), to wear union buttons and insignia at work. Employers can restrict that right only by showing "special circumstances" — typically safety, security, or the need to maintain a particular public-facing image. For years the Board allowed some middle ground: in *Wal-Mart Stores*, 368 NLRB No. 24 (2019), it approved neutral dress codes that permitted a single small, non-distracting pin while still restricting other message-bearing apparel.

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[ Archive ]

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