Certain Laws May Affect Workplace Attire

The arrival of summer temperatures can leave some employers unsure about how to set dress standards that are both in line with the company image and in compliance with the law. The tips below may be helpful.

Make Sure Dress Code Policies are Clearly Communicated
An employer's dress code will more likely be observed if it is communicated in a clear and unambiguous manner, including:

• The company's philosophy about the image it wishes to present;
• A list of appropriate business attire for both men and women;
• Examples of acceptable and prohibited attire (e.g., are sandals or t-shirts permitted?); and
• How the policy will be enforced.

Be Conscious of Non-Discrimination Laws
Federal law generally permits employers to establish dress codes which apply to all employees or to employees within certain job categories. However, employers subject to laws enforced by the U.S. Equal Employment Opportunity Commission (EEOC) should keep the following guidelines in mind:

• The company's philosophy about the image it wishes to present;
• A list of appropriate business attire for both men and women;
• Examples of acceptable and prohibited attire (e.g., are sandals or t-shirts permitted?); and
• How the policy will be enforced.

Uniform Policies Must Comply with Wage and Hour Laws
Uniforms present unique challenges for employers. Generally, if an employer requires that employees wear a particular color, such clothing would not be a uniform. However, if a specific type and style of clothing is required or if clothing containing the employer's emblem or logo must be worn at work, such clothing would generally be considered a uniform.

If an employer requires its employees to bear the cost of their uniforms, their wages may not be reduced below the required minimum wage or overtime compensation.

Note: Be sure to comply with any applicable state and local laws, and consult with an employment law attorney to identify issues that may be unique to your workplace.

Preferred Partner of