Takeaway: While employers can require employees to wear certain types of clothes or uniforms in the workplace, the National Labor Relations Act (NLRA) bars most prohibitions on union insignia or buttons.
The 5th U.S. Circuit Court of Appeals rejected a National Labor Relations Board (NLRB) decision barring a uniform policy at Tesla.
Tesla manufactures electric vehicles at a facility in Fremont, Calif. The production associates install parts in and on the bodies of vehicles in general assembly (GA). Tesla requires employees in GA to follow the “team wear” policy regarding what they wear on the job. When a production associate begins working in GA, Tesla gives them four black shirts and a sweater as part of the employee’s uniform, each with Tesla’s name and logo. Tesla refers to these, and the accompanying pants, as team wear. Other production employees wear different color uniforms. For example, production leads wear identical red shirts, and line inspectors wear white shirts.
The team wear policy requires that all production associates and leads wear the assigned team wear. By the time a car reaches GA, its paint has cured sufficiently for light touching and general handling. On occasion, a supervisor may allow an employee to substitute team wear with all-black clothing. Alternative clothing must be mutilation-free, work appropriate, and pose no safety risk—for example, no zippers, yoga pants or hoodies with hoods up.
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