In short, it depends. If there is a dress code that is established by your workplace and you agree to that dress code by accepting the position and the employee rules as outlined in your employee handbook, then you must comply with your work’s uniform requirement and wear a uniform to work. Typically, all policies regarding work uniforms and the requirement to wear such will be outlined in an employee handbook.
An employee handbook is a collection of information that is provided to each employee at the start of their employment with the company. This book provides information regarding company rules and policies, such as dress code policies. Employee handbooks are often used as a way to protect an employer against certain claims, such as an unfair treatment claim brought against them by an employee.
Unless the text of an employee handbook clearly indicates otherwise, an employee handbook may be considered a legally binding document between an employer and their employees. This means that an employee can sue their employer if the employer fails to honor any of the provisions contained within the employee handbook.
Similarly, an employer can utilize the handbook as a reason for terminating employment, such as by failing to maintain proper dress code. Generally speaking, courts will always consider an employee handbook to be an extension of the employee contract.
It is important to note that there are currently no federal laws that specifically outline what types of dress codes are permissible and what types are not permissible at work. Further, the Fair Labor Standards Act (“FLSA”) does not state that an employee must wear a uniform to work. However, the FLSA does allow employers to establish dress codes and provide guidance to employers that wish to create an employee handbook.
Importantly, there are federal laws that prohibit gender and religious discrimination in the workplace. As such, those laws may provide an employee with protections when they want to dress a certain way at work. However, an employer may still be able to enforce dress codes at work while still being in compliance with these anti-discrimination laws.
In sum, a person does not have to follow their work’s dress code. However, if they fail to do so then they may be terminated from their position with their employer, and the employer will have reason for the termination.
Do I Need to Pay For My Work Uniform?
Whether or not an employee will need to pay for their work uniform will be dependent on their employment contract. This is why it is important to read your employment contract carefully and identify any uniform clause in the employment contract. The uniform clause will specify the required dress code and dress wear, which may specify a variety of different work wear.
However, absent an employee contract, an employee generally does not have to pay for their work uniform. This is because the Fair Labors Standards Act uniform law requires employers to pay for an employee’s uniform. Uniforms are defined in the FLSA as articles of clothing that do not double as “street clothes” and protective gear and clothing that are embossed with the company’s logo.
Exceptions
As can be seen from the definition above, if the work uniform is considered to be street clothes, then it will not be covered by the FLSA. As such, employers are only required to pay for uniforms that do not double as street attire. Therefore, if an employee is required to wear khaki pants and polo shirts to work, then the employer does not have to pay for them, as the employee may choose to wear a variety of different dress wear that fits that description.
For instance, if the employer has a dress code in which every employee must wear a black polo with the company logo on it to work, then the employer must pay for that work uniform. However, if the dress code is merely a black polo requirement, then the employer is not responsible for reimbursement of the black polo purchase. The same holds true for certain safety equipment, such as non-slip shoes.
What About the Related Cost of Cleaning the Uniforms?
Once again, whether or not an employer will be responsible for covering the expenses related to the upkeep of the uniforms will depend on the employment contract, or in absence of an employment contract, local or state laws.
Depending on the state in which the employee resides, the employer may be required to reimburse the employee for any special care that the uniforms require. For example, in the state of California, employers must pay for the dry cleaning of uniforms if the uniforms are required to be dry cleaned.
However, the California Division of Labor Standards Enforcement considers the normal cleaning of employee uniforms to be the responsibility of the employee, and not the employer. As such, if an employee loses or destroys their uniform, or fails to normally clean their uniform, then it may be best handled as a disciplinary issue.
In California, the definition of a uniform is broad, and, thus, even if an employer mandates a seemingly generic item, such as khaki pants or a blue button-down shirt, that employer may be requiring a uniform. Further, a California employer is not permitted to mandate that their employees purchase goods from a particular business under the Labor Code.
As such, if there is a retailer that requires the employee to wear their clothing, that retailer should furnish and clean the garments for the employees in accordance with California’s requirement of employers assisting in the maintenance of their uniforms.
What Are Other Labor Laws Regarding Uniforms?
As mentioned above, there are instances in which work uniform laws may clash with an individual’s religion or gender, both of which are protected classes. For instance, if it is a part of an individual’s religion to wear a certain piece of clothing, any employer that requires them to not wear that piece of clothing in the workplace may be open to a religious discrimination lawsuit.
Religious discrimination is another form of employment discrimination. Employment discrimination occurs when an employee is treated less favorably than similar employees because they belong to a protected class, and religion is one such protected class.
Another protected class in which an employer’s dress code may not interfere with is gender. Any employer dress code which places different standards upon men and women may be considered illegal due to sex discrimination. As such, a dress code cannot reinforce stereotypes regarding gender.
Any employment dress code which differs from acceptable social customs or applies radically different standards for women and men will inherently be considered illegal. However, dress codes which are mostly the same for both genders and only differ in a few ways will likely not face as much opposition. However, there are some local laws and states, such as California, which have enacted special dress code laws that compel employers to allow women to wear pants in the workplace.
Do I Need a Lawyer for Help With Work Uniform Laws?
As can be seen, there are numerous work uniform laws and constitutional protections that will dictate what an employee may or may not choose to wear. As such, if you are having any issues regarding work uniform laws, it is important to immediately consult with an experienced employment lawyer.
An experienced employment lawyer will be able to inform you of both federal and state uniform laws, as well as review any executed employment contracts regarding employee uniforms and dress codes. If you have been wrongfully punished or terminated as a result of a uniform law, an attorney can assist you in bringing a civil claim against your employer to recover any damages that you may have suffered. Finally, an attorney will also be able to represent you in Court, as necessary.
