Forums

company uniform
Legal Forum
company uniform
Discuss employment-law issues such as family leave, overtime, disabilities law, harassment, immigration and termination.
We are a small manufacturing firm in California. We will be issuing production-employees black jeans as part of our new company uniforms. It is important that our employees look sharp as customers vis
0
Cat:Topic ForumsForum:ForumId54
Cat:Topic ForumsForum:ForumId54Discussion:DiscussionId37150

Forums » Topic Forums » Legal Forum » company uniform

You must be logged in to contribute. Log in | Register
 
 1 2 >> Last
Forums  »  Topic Forums  »  Legal Forum  »  company uniform

company uniform

posted at 9/12/2011 2:12 PM EDT
Posts: 58
First: 10/17/2006
Last: 9/13/2011
We are a small manufacturing firm in California. We will be issuing production-employees black jeans as part of our new company uniforms. It is important that our employees look sharp as customers visit from time to time. The jeans are high quality, and substitutes are not allowed. The proposed policy that we are writing up for employees to sign goes like this: If an employee does not show up to work in the company issued jeans, they will be sent home to get them. Their time for doing this will be unpaid. If they lose or destroy them through other than normal wear and tear, they will be responsible for purchasing a new pair at our cost of $35. This will not put any of these hourly/non-exempt employees below minimum wage. What issues should we consider? Thank you in advance. I always appreciate the advice on this site.

company uniform

posted at 9/13/2011 4:28 AM EDT
Posts: 2442
First: 2/12/2000
Last: 9/14/2011
How will you cover the following issues?

1. How long do they have to replace jeans that are no longer available?
2. Do they stay home every day they do not have the correct jeans? How long can they stay home before you terminate?
3. What rules do you have for shirts?
4. Just because it does not put them under the minimum wage does not mean it is not a burden. $35 is a lot of money for some people.
5. Are you supposed to wear the same exact pair everyday of everyweek? What will they look like after a year of wear/
6. Will you provide legitimately worn ones with replacements or are all replacements afet the inital pair the responsibility of the employee?
7. Will each new employee be given a new pair?
8. What will be your policy when an employee comes in with a doctor's note advising you they are allergic to the material? (We can have a side bet as to how long it will take for someone to come up with this.)

These are just some thought starters I am sure my friends on here can come up with other concerns.

company uniform

posted at 9/13/2011 6:56 AM EDT
Posts: 58
First: 10/17/2006
Last: 9/13/2011
Thanks Howard. We will provide two pair for the employees from the start. They will wear them home, and wash them as needed. While doing this, they will rotate the other pair into use. We do not have a deadline for replacing lost or ruined jeans. Very good point about $35 being a lot of money to many. We will be flexible when appropriate and allow payment plans if it will help. We provide the shirts (with company logo) as well. They leave them here and the company launders them. We have been doing this with shirts for years, and so far have not had a problem. After the jeans wear out from work related use, the company will buy new ones. The idea is for the employees to look good and be comfortable, so we wonât wait until they are in tatters. It is only when they lose or abuse them that the employee will pay to replace. Not sure that I want to take you up on your bet concerning a doctor's note â you may know something that I donât. Are people allergic to denim? If so they will be terminated on the spot! Just kidding, we will deal with it with the best interests of the employee, the company, ADA, and California Fair Employment and Housing Act, etc. in mind. Do you, or does any one have a problem with sending them home to get their jeans, without pay, when they forget?

company uniform

posted at 9/13/2011 7:04 AM EDT
Posts: 2442
First: 2/12/2000
Last: 9/14/2011
Sending them home issues:

1. Carpooling. Either they came in with someone or they are the driver (two different issues)
2. Park and rides don't run all hours
3. Commute cost (long distances)
4. If they have an accident are they on company business since you sent them on the errand?


I did not ask before but if you send someone home what is the effect on that day's production? Is the cost/benefit of enforcement reasonable?

company uniform

posted at 9/13/2011 7:18 AM EDT
Posts: 58
First: 10/17/2006
Last: 9/13/2011
It is important to the company that the employees wear their uniforms. We will need to be somewhat strict, because if we make exceptions for some the unwritten policy will be that they don't have to wear them. Would our position hold up that the employee was not on the clock, and not doing anything within the course and scope of employment while driving to retrieve the uniform? Our insurance carrier might know the answer, or perhaps this has played out already somewhere.

company uniform

posted at 9/13/2011 7:38 AM EDT
Posts: 2442
First: 2/12/2000
Last: 9/14/2011
What about the other questions regarding sending them home?

Understand that you could be inviting in a union to represent these poor folks you are about to become so strict with.......

company uniform

posted at 9/13/2011 8:08 AM EDT
Posts: 58
First: 10/17/2006
Last: 9/13/2011
I respectfully disagree. Buying them jeans so that they do not wear out their own is a nice thing, even if we are a little strict with the rules.

company uniform

posted at 9/13/2011 10:03 AM EDT
Posts: 544
First: 9/27/2004
Last: 9/13/2011
Funny thing about human nature is that no matter how "nice" something is, people tend to resent and/or resist it once it becomes mandated. In the big scheme, that is probably a good thing, but it makes organizaional policy more tricky to navigate.

company uniform

posted at 9/13/2011 11:34 AM EDT
Posts: 2146
First: 2/15/2006
Last: 9/14/2011
Have to agree with the others....I think this is doomed to failure in many ways. Good idea, but hard to carry out.

(1) Black denim doesn't stay nice long especially if laundered often. With only two pair, I suspect they will get washed at least twice a week. I doubt the color will stay good long and it will end up in a rainbow of blacks as different employees launder on differing schedules. I won't buy black denim for this very reason personally.

(2) Will you have issues with sizing? What do you do for the person who doesn't look good in denim or the style? Different body styles will need different fits, especially on women. How high the waist is, for example or how wide the legs are. There are a 1000 cuts..... In some states, weight is a protected class.

(3) What will you do for someone who does have a medical reason for not wearing denim (I ask becuase I fell down a flight of 16 stairs last week and have big bruises on my right side. Denim is just not comfortable rubbing against the bruises....not ADA, not a HUGE accommodation, but should I have to miss work becuase I can't wear these specific pants?)

I think it would be easier to just require black pants/jeans and let the employee provide their own and give them a certain $ credit over a specific time period through payroll. I also think you would have less issues with them NOT wearing your pants and having to send them home to change.

company uniform

posted at 9/13/2011 12:44 PM EDT
Posts: 544
First: 9/27/2004
Last: 9/13/2011
When making rules, another dynamic to think about is how many mandating policies your company already has. Too many rules can make something like this seem ridiculous.

I agree that requesting they wear black pants is reasonable, but these particular black pants or go home without pay is drawing a line on the sand that is begging to be crossed.
 1 2 >> Last

Forums » Topic Forums » Legal Forum » company uniform

Daily Q&A

How to Address Flagging Motivation?

How do I increase motivation levels in the department? How do I brand my business unit as an attractive place to work? I have top-notch IT professionals in my business unit who feel they are "children of a lesser God" because they are non-billable resources and do not get plum postings abroad, nor the glamour that goes with them. As a result, their motivation suffers.

—-- Feeling Their Pain, human resources generalist, software/services, Mumbai, India

Read Answer

Stay Connected

Join our community for unlimited access to the latest tips, news and information in the HR world.

HR Jobs

View All Job Listings

Search