Human Resources
Dressing for Success this Summer
Jun 11, 2015
Ahhh, sunshine and humidity. Isn’t St. Louis summers great?! Patio dining outside of restaurants and Cardinals baseball are my two favorite past times during the summer months. I may be excited about this weather wearing tanks and sun dresses, but employers see it as inappropriate dress for the office. I’ve been seeing several articles on this topic lately and I thought I would share a summary of dress standards that are both in line with a company’s image and in compliance with the law.
1. DO ensure your policies are communicated
Your dress code will more likely be perceived if it is communicated in a clear and unambiguous manner, including:
- Your company’s philosophy about the image it wishes to present;
- A list of appropriate business attire for both men and women;
- When formal business attire is required;
- Examples of acceptable and prohibited attire (for instance, are sandals/flip flops permitted on casual Fridays); and
- How the policy will be applied.
2. Do not single out specific groups of employees
Employers are generally permitted under federal law to establish dress codes which apply to all employees or to employees within certain job categories. Keep in mind the following guidelines for employers subject to the laws enforced by the EEOC:
- A dress code must not treat some employees less favorably because of their national origin. For example, a dress code that prohibits certain kinds of ethnic dress, but otherwise permits casual dress, would treat some employees less favorably because of their national origin.
- If a dress code conflicts with an employee’s religious practices and the employee requests an accommodation, the employer must modify the dress code or permit an exception to the dress code unless doing so would result in undue hardship.
- If an employee requests an accommodation to the dress code because of his or her disability, the employer must modify the dress code or permit an exception to the dress code, unless doing so would result in undue hardship.
3. DO not deduct for uniforms unless net wages exceed minimum wage
Uniforms present distinctive challenges for employers. For example, if an employer requires that employees wear a particular color, such clothing would not be a uniform. However, if a certain 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.
The federal Fair Labor Standards Act (FLSA) does not allow uniforms to be included as wages. If you require your employees to bear the cost of their uniforms, their wages may not fall below the federal minimum wage of $7.25 per hour. Also, the cost of the uniform may not cut into an employee’s overtime pay.
Additional Information
The U.S. Small Business Administration offers additional tips for employers related to dress code.
