In the past, it was routine for companies to set certain standards for attire. As late as the 1980s, the IBM “uniform” for salesmen (there were no women for a long time) was pin-striped suits, white button-down shirts, rep ties, and wing-tipped shoes. But things changed. Silicon Valley made casual the norm, with Steve Job’s black turtleneck as the height of fashion. Today, many businesses struggle with dress codes; others require uniforms. From a legal perspective, what can and can’t employers demand.
Evolving dress codes
It used to be that suits for men and high heels for women were the norm. Things evolved, with casual Friday introducing khakis and running shoes into the office. There’s a continuing balance between employers wanting employees to be neat and convey a certain impression to customers and clients versus employees wanting to be comfortable and wear what they want. The pandemic years made sweats and pajamas feel like work clothes. According to a Gallup poll, over 70% of employees now wear “business casual” attire.
If your company wants to set a dress code policy, be sure you do it right. The standard applies to all employees, and owners should not violate the rules. Don’t set a policy that could violate an employee’s religious beliefs (e.g., you can’t bar a hajib or a yarmulke). Be sure to communicate the consequences for employees who don’t dress in conformity with the policy. You can find a template to help with this.
Company uniforms
The UPS driver, the airline flight attendant, and the hospital worker all wear uniforms. We’re accustomed to seeing certain employees wear them and don’t give it much thought. In fact, the Gallup poll mentioned earlier found that 23% of workers currently wear uniforms. It is desirable or even legal to require employees wear uniforms?
Years ago, one appellate court said: that a “uniform requirement fosters discipline, promotes uniformity, encourages sprit de corps, and increases readiness.” The U.S. Supreme Court said that “the traditional outfitting of personnel in standardized uniforms encourages the subordination of personal preferences and identifies in favor of the overall group mission.”
Recently, the NLRB lost a case against Tesla in which it argued that workers should be allowed to wear pro-union shirts. Tesla had required uniforms because they were less damaging to vehicles’ paint. The court said the NLRB can’t assume that all uniforms are unlawful. FYI: Tesla never prevented workers from wearing pro-union stickers or insignia.
Bottom line:
Employers can require that employees wear uniforms where there’s a good business reason for it. Think about hospitals where different color scrubs are used to distinguish doctors from nurses, with other colors for orderlies and other staff.
Important: Check state and local law about who pays for required uniforms. For example, in Florida, the employer must provide and pay for uniforms as well as maintenance for them if they can’t be washed with other clothing. Under federal law, if the employer requires employees to bear the cost of uniforms where state law doesn’t bar this, wages cannot be reduced below minimum wage to cover this expense; the same is true for overtime pay.
Final thought
Given the tight labor market, small business owners need to balance their desire for dress codes and uniforms against the freedom of attire that some workers want. Offering flexibility can be a tool for small businesses to attract and retain employees, provided it’s understood that certain attire (e.g., dirty clothing, flipflops, and tank tops, etc.). won’t be tolerated. Of course, some types of businesses need a dress code or uniforms. If so, do it right!
