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Question: Now that the weather is warmer, one of our employees has begun to dress inappropriately for work. Her clothes are becoming more revealing and she has worn flip flops several times. What are our options? Can we send her home to change and, if so, do we have to pay her for that time?
Answer: You're not alone. As summer temperatures rise, many employers find themselves navigating seasonal dress code violations. The good news is, with a well-written policy and consistent application, these issues are manageable.
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First, understand what is off limits. Employers may not create dress code or appearance policies that:
Interfere with an employee's religious beliefs or practices (e.g., banning head coverings when required by faith)
Discriminate against national origin or disabilities reflected in clothing or appearance
Your policy should include language stating you will make accommodations for sincerely held religious beliefs and disabilities unless doing so creates an undue hardship or safety hazard.
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As an employer, you can absolutely set reasonable standards for dress and grooming that align with your company culture, safety expectations and industry norms.
Use your employee handbook to clearly outline your dress and grooming standards
Make expectations specific enough to avoid confusion, but not so detailed that they become restrictive
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When you develop your policy, be specific without overdoing it. For example, having a dress code policy that says, “We require business casual attire,” is probably too vague. “Business casual” can mean different things to different people.
On the other hand, specifying the brand, color and style of clothing may be too much information. Try a middle ground such as:
Collared shirts, blouses, golf and polo shirts
Casual trousers or capri-length pants
Jeans are acceptable if free from holes or fraying
Closed-toe shoes or professional sandals
No flip flops or beach-style footwear
If an employee arrives in inappropriate attire:
Speak with them privately and reference the written policy
Focus on the policy violation—not personal style
Offer them the opportunity to return home or purchase appropriate clothing
If you send the employee home to change clothes or to go shop for appropriate clothing, do you have to pay them while they are away?
Exempt employees: Must be paid for the full day if they work any part of it
Non-exempt employees: Not required to be paid for time spent away from work under FLSA
Consider offering Casual Fridays or seasonal dress flexibility to boost morale
Always apply dress code standards consistently across all employees to prevent claims of bias or unfair treatment
Employee appearance issues can be uncomfortable to address, but having a clear, legally compliant dress code policy in place makes all the difference.
Axcet HR Solutions, a certified PEO, partners with small and mid-sized businesses to help develop, enforce and communicate policies that reflect company culture and stay compliant with employment laws.
Need help writing or reviewing your workplace dress code? Talk to an Axcet HR consultant today »
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