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DRESS CODES: Can You or Can’t You?
Many of my clients ask if they, as employers, can establish a dress code of their choice. I know this is California and employers are hesitant, cautious and downright doubtful on what they can legally do in the workplace. Rest easy. You still have the power to control and fulfill your destiny; despite some acts of Congress. This one is easy. It’s a qualified “Yes.” You may establish any dress code you wish so long as you don’t require your employees to wear provocative or sexually suggestive clothing.
Certainly, you may require your employees to observe good habits of grooming and personal hygiene and present a neat, professional appearance at all times. A professionally and properly attired employee helps present and maintain a positive work environment with a minimal amount of distraction.
Many of the employee handbooks I write include an appearance standard section. Here are some ideas that you may want to incorporate into your policy.
- No torn or ripped clothing
- No stained or dirty clothing
- No sheer or see-through clothing
- No offensive or harassing messages or logos on clothing
- No shorts or skirts above mid-thigh
- No stretch shorts or athletic wear
- No body piercings other than ears
- No visible tattoos
- No bare midriffs
- No unsafe shoes or accessories
You may want to add a clause that states that employees who report to work inappropriately dressed will be sent home and are expected to return to work in proper attire.
You may change policies whenever it suits you. Just remember to give your employees reasonable notice before you make the change.
Make-Up Time Gives Flexibility on Overtime
When former Governor Davis signed a bill that reinstated the eight-hour overtime rule, it left California employers no flexibility in the administration of overtime pay. All hours worked in excess of eight hours in one workday or 40 hours in one workweek must be paid as overtime. To regain some of that lost, but much appreciate flexibility, you may want to adopt a Make-Up Time policy which allows the use of make-up time when non-exempt employees need time off to tend to personal obligations.
If you choose to allow makeup time, you must comply with the following:
- While you may inform an employee of the makeup time option, you may not encourage or otherwise solicit an employee to request approval for makeup time;
- An employee may work no more than 11 hours on another workday, and no more than 40 hours in a workweek, to make up the time off;
- The time must be made up within the same workweek; and
- The employee must provide you with a signed, written request for each occasion that he/she desires makeup time.
Exception: If an employee knows in advance that he/she will be requesting makeup time for a personal obligation that will recur at a fixed time over a succession of weeks, the employee may request to make up work time for up to four weeks in advance. The makeup work must be performed in the same workweek that the work time was lost. For example, an employee who wants to leave an hour early every Monday and Wednesday afternoon for a college course may turn in one makeup time request every four weeks, rather than two requests per week.
If an employee requests time off for a personal obligation, but does not submit a written request which would be required for makeup time, you may inform the employee of the makeup time option. However, since you are prohibited from "encouraging or otherwise soliciting" an employee to request makeup time, you may not condition granting the employee's request on his/her agreement to submit a written request for making up the time. If the employee does not wish to make up the time, you may grant or deny the request based on company policy and business needs.
On occasion, after working make up time in order to take time off later in the week, an employee may decide not to take the time off after all. You are not liable for daily overtime pay for the make up time that was worked as long as the employee did not end up working more than 40 hours that workweek, nor more than 11 hours in any workday.
DRESS CODES: Can You or Can’t You?
April 7th, 2009
Many of my clients ask if they, as employers, can establish a dress code of their choice. I know this is California and employers are hesitant, cautious and downright doubtful on what they can legally do in the workplace. Rest easy. You still have the power to control and fulfill your destiny; despite some acts of Congress. This one is easy. It’s a qualified “Yes.” You may establish any dress code you wish so long as you don’t require your employees to wear provocative or sexually suggestive clothing.
Certainly, you may require your employees to observe good habits of grooming and personal hygiene and present a neat, professional appearance at all times. A professionally and properly attired employee helps present and maintain a positive work environment with a minimal amount of distraction.
Many of the employee handbooks I write include an appearance standard section. Here are some ideas that you may want to incorporate into your policy.
- No torn or ripped clothing
- No stained or dirty clothing
- No sheer or see-through clothing
- No offensive or harassing messages or logos on clothing
- No shorts or skirts above mid-thigh
- No stretch shorts or athletic wear
- No body piercings other than ears
- No visible tattoos
- No bare midriffs
- No unsafe shoes or accessories
You may want to add a clause that states that employees who report to work inappropriately dressed will be sent home and are expected to return to work in proper attire.
You may change policies whenever it suits you. Just remember to give your employees reasonable notice before you make the change.
Tags: California, Clothing, Dress Code
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