Rigged Bikini Contests and Concerted Activities

Beer and chicken wings are not the only thing on the menu at this Hooters restaurant.  Instead, the National Labor Relations Board (NLRB) found that Hooters fired an employee for engaging in concerted activities in violation of the National Labor Relations Act (NLRA) after the employee complained to her co-workers and management about having to participate in a rigged bikini contest, purchase a costume for the contest with her own money, and because she was not paid for her time competing in the rigged contest.

The NLRB also found that many policies in Hooters’ employee handbook violated the NLRA because the policies reasonably tended to chill employees exercise of their right to discuss terms and conditions of employment.  For example, the NLRB nixed a policy that forbid employees from discussing tips, as well as policies prohibiting: “disrespect” to restaurant guests; employees from making electronic statements that “damage the Company, or damage any person’s reputation” and; employees from posting “negative comments about the Company or coworkers”.

The complete decision can be found here: http://www.nlrb.gov/cases-decisions/administrative-law-judge-decisions


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