Andrew Gordon Reviews NLRB Ruling that Banning an Employee from Wearing a BLM Mark on their Uniform Violated the National Labor Relations Act
In The News | 1 min read
Feb 27, 2024
In a SHRM story, Andrew Gordon discussed the significance for employers of a National Labor Relations Board (NLRB) ruling that a home improvement store violated the National Labor Relations Act (NLRM) when it banned an employee from wearing “Black Lives Matter” (BLM) text on their uniform. The NLRB ruled that the store broke the law when it conditioned the worker’s employment on removing the BLM marking, causing the employee to resign after refusing to remove it.
Gordon noted that the NLRB is specifically tasked with protecting the rights of employees in the workplace in cases such as this:
“Because of this, historically, the NLRB has been much more employee-friendly and typically looks for ways to expand employees’ rights in the workplace. It appears the NLRB has decided to use this case as a way to provide employees with even more latitude to engage in what the NLRB considers to be ‘concerted activities’ for ‘mutual aid or protection’ under Section 7 of the National Labor Relations Act.”
Gordon said HR professionals should know that there is no one-size-fits-all solution to various legal issues in the workplace. Employers should seek “practical and pragmatic solutions” to issues rather than taking a hardline approach, he added.
He explained that business organizations, especially those in states lacking widespread union presence like Florida, should be aware that most employers are covered by the National Labor Relations Act. Gordon said, “Workplace activities like the one in this case must be analyzed, at least in part, by considering potential NLRB-related problems with proposed solutions.”
Featured Insights

Webinar
Oct 29, 2026
Carol Rooney Presents on Building a Career in Appellate Practice

In The News
Oct 28, 2026
James Ferrara Comments in The New York Times on Stalled Boca Raton Luxury Condo Project

Insights for Insurers Alert
Oct 28, 2026
Insurance and Reinsurance Commutations, Run-Off, and Loss Portfolio Transfers

Healthcare Alert
Oct 27, 2026
Illinois Medical Aid-in-Dying Law Takes Effect Amid Legal Challenges

In The News
Oct 26, 2026
Scott Seaman Examines the Insurance Coverage Implications of a Recent NFL Concussion Ruling

In The News
Oct 23, 2026
Michael Dowell Discusses Potential Impact of Proposition 44 on California Community Clinics

In The News
Oct 21, 2026
Scott Seaman Says Walmart Ruling is an "Aberration" in the Opioid Insurance Battle

Event
October 21 – 23, 2026
D.L. Morriss Presents on International Banking Litigation and AI Regulation





