What to do if my employer now requires that the company uniform be worn before and after scheduled work times when we are not being paid?
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What to do if my employer now requires that the company uniform be worn before and after scheduled work times when we are not being paid?
We have controlled access, so the employer stated you must arrive at the access/egress point in uniform and cannot remove the uniform until you have passed the access/egress point during departure or face disciplinary action.The facility has a a mens and womens locker room and also a locker room in a separate/secured area that could be used by our employees. Is this legal? nd if not, would we be entitled to back compensation?
Asked on November 27, 2012 under Employment Labor Law, West Virginia
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
It is completely legal. An employer is free to set dress codes, including that an employee show up and depart work in uniform. The employer does not have to pay the employees any additional compensation for showing up and departing in uniform. This is legally no different than a bank or law firm requiring that employees show up in suits and ties, rather than coming in causual clothing and changing at work; in both that case of the bank or law firm and the case of your employer, the employer can determine what clothing the employee must wear to/from work.
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